Summertime Divorce in Texas

The heat in Texas definitely has an effect on how we behave? Don’t believe me? Consider how the summertime, specifically the second half of summer, is a peak time during the year for divorces.

Maybe it has to do with the kids being home from school, nerves already being on edge from additional parenting responsibilities and transitioning the kids back to school in August. Whatever the reason it is the experience of the attorneys with the Law Office of Bryan Fagan that we get more requests for consultations and have more people sign up for divorces in July and August than at almost any other time of the year.

What we hear from folks in consultations is pretty consistent- you have taken some vacation days away from work to spend time with the family on a faraway beach or even just a close by swimming pool.

After spending some uninterrupted time with your spouse, maybe the first such opportunity that you’ve had in months, your feelings that something isn’t quite right in the relationship has become crystal clear to you. The next thought in your brain is whether or not a divorce is right for you and how to go about taking the first step towards that reality.

No matter what your particular circumstances are, you have multiple ways to get a divorce. Texas is a “no-fault” divorce state meaning that you and your spouse can get a divorce for literally no reason other than a discord or conflict in personalities with no expectation for reconciliation.

This is lawyer-talk for you and your spouse no longer get along and you can’t reasonably expect to get over those differences and continue on as married persons. As the barriers to entry for a divorce are quite low in our state, the next decision you need to make is about whether or not you actually want to get a divorce.

Deciding to get a divorce in summer- how to make a decision

As we have already discussed, it probably has to do with the time you are able to spend with your spouse in the summer that causes whatever feelings in the back of your mind to drift towards the front. Perhaps you have tried marriage counseling or therapy with limited or no success.

Maybe your spouse (or you) have been unwilling to undertake this step altogether. Regardless, if you believe that a divorce is necessary for you and your family then there is little stopping you from filing a petition for divorce.

If you decide to get a divorce at the beginning of summer there is a possibility that your case could be resolved in time for school to be back in session in late August or early September. Texas law requires that a divorce resolve itself in no less than sixty days from the date your Original Petition for Divorce is filed.

This is to allow the possibility for the reconciliation that we noted earlier to possibly take place. Absent that reconciliation you will need to wait at least sixty-one days to head to court to talk to the judge about signing your Final Decree of Divorce.

It is not likely that your divorce will be completed in two months time but it is possible. If you have complicated property or child custody issues I can almost promise you that you will be in for a case that stretches at least through the end of the year. On the other hand, if your case relatively issues free then a fast yet effective divorce is altogether possible.

Working with your spouse on the issues to avoid unnecessary conflict

Divorce is all about conflict on some level. It is expected and it is inherent in the process. I am not here to tell you that there is any surefire way to avoid conflict in a divorce.

However, I can tell you that the spouses that find themselves with relatively quick and painless divorces are those that decide what issues need to be worked on early in their cases, work together, put aside their egos and then come to a consensus on the subjects in question.

Whether this is through informal negotiation between spouses, attending mediation or simply utilizing attorneys to further negotiation, the successful spouses in divorce do not shy away from issues or kick the can down the road to be decided in another month.

The biggest factor in this whole discussion is minimizing disruption to your children. Again, it is unavoidable that your children will be impacted in some way by your divorce. It may not be dramatic, but your children will notice pretty quickly that you or their other parent are no longer living in their home.

They may have been exposed to fighting or worse between you and your spouse as well. This can have a dramatic impact on them and requires you and your spouse to draw a line between acceptable and unacceptable behavior in conjunction with your divorce.

Let cooler heads prevail in the hot summer months

Summertime offers you and your spouse an opportunity to file for divorce, negotiate a settlement and have final orders ready for a judge’s review in relatively quick succession.

With your children being out of school there is more flexibility as to when you and your spouse can spend time with them while the divorce is being worked out. This is a great time for both of you to be able to reconfirm with them that while the makeup of your living arrangements will be different moving forward, the love and commitment that you as parents have towards your children will not be changing.

If possible, you should attempt to have both parents remain in your home. Of course, if there is family violence occurring or verbal conflicts that are ongoing this will not be a reasonable outcome.

However, if yours is a fairly amicable divorce why not stay in the home together and spend as much time as possible with your children in the summer. This can keep their mind off of the case and will allow for a longer period of normalcy before school and post-divorce life becomes the norm.

Meet with an attorney to brainstorm conflict avoidance strategies and negotiation tactics

Sometimes you may not even realize how amicable or “simple” your divorce can be before you talk to someone with experience in divorce law. While the issues in your case may seem insurmountable:

  1. property division
  2. spousal support
  3. child support
  4. visitation with your children, etc.

a good family law attorney has a knack for breaking these issues down piece by piece and assisting you in identifying areas where you can make inroads with your spouse as far as negotiations are concerned. Why not work out a time to meet with a family law attorney to bounce some ideas of their heads to see what their response is. You may find that your situation is more straightforward than you were giving it credit for.

Finally, find yourself a support system and do not be afraid to lean on them during these hard times. With kids out of school in the summer, plan for group events and get-togethers that can take the emphasis off divorce and place it on wholesome summer fun.

Take care of your case and do what you can to resolve issues without strife, but remember that you are doing this divorce in no small part because you believe it is best for your children. Place them at the front of your case and you can achieve great successes in a summertime divorce.

Questions about divorce in Texas? Contact the Law Office of Bryan Fagan

If you would like to learn more about divorce in Texas please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys are experienced in representing clients in divorces across southeast Texas. It would be an honor to speak to you about doing the same for you and your family. A consultation is free of charge and we can meet with you six days a week.

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Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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