Today’s blog post will be the second and final post in a series of articles written by the Law Office of Bryan Fagan, PLLC, on the topic of the appropriate time to hire a family law attorney for your divorce case. There is no one-size-fits-all rule for anything in the law, but broadly speaking, I believe the situations and circumstances we will cover in these two blog posts will protect you and your family pretty well.
With that said, let’s jump into our discussion today about the types of divorces and how an attorney will assist you in handling each.
Know your family, and you will know what type of divorce you face.
One of the areas that only you (other than your spouse) will be able to make an accurate judgment on is the sort of divorce necessary. That last sentence does not imply that there are multiple sorts of divorces and that special rules apply to each. Everyone files for divorce in Texas, wait the sixty days (with a few exceptions), and then is divorced at some point after the sixty-first date. However, the sort of issues you and your family are dealing with in areas like child custody and property division will ultimately determine the level of involvement that your case will undergo.
Suppose you and your spouse are pretty much in agreement on the oversized picture items of your divorce. In that case, a family law attorney will most likely need to work with you on fine-tuning that agreement, reducing it to writing, and then producing a final decree that is fit for a judge to review and sign.
On the other hand, if you and your spouse cannot agree on who should be the primary parent of your children, how your business is to be divided up in the divorce, and if spousal maintenance will be an issue, then it is likely that a longer, drawn-out divorce is upcoming. In that case, you will need to seek representation to ensure that no ground is lost on the field of negotiations. At the same time, simultaneous preparations are being made to try your case in front of a judge if necessary.
Let’s go over the main types of divorces. Your divorce will likely fall into one of these categories.
Many people come into a consultation with one of our lawyers with the concern that they have World War Three on their hands in terms of a potential divorce. The feeling from within the marriage and the physical confines of the family home are that nobody is happy, each spouse is out for blood, and nothing short of an all-out war will satisfy their spouse. However, once the layers of the problem are peeled back, you and I will likely learn that there aren’t as many issues as once thought, and the depth of the problems that exist can be solved with compromise.
If you are a parent, you will want, essentially, the same things for your child as your spouse does. Your motivations may be different, your means of achieving those goals for your children may differ. However, if raising happy, well-adjusted, and healthy children is your goal, your spouse would likely check those same boxes as well in terms of a “wish list” for raising your children.
In terms of a property division, the fact is that most folks don’t own a ton of property. You and your spouse may own your home and a few vehicles, but it is unlikely that your property division will be complicated outside of those items and a retirement account. I always tell clients that if you’re concerned about who gets the silverware in a divorce, then that is an excellent sign because ultimately, the knife is a pretty little discussion to be having in the context of your divorce.
Divorces with conflict and issues to be resolved
On the other end of the divorce spectrum is a divorce in which you and your spouse are not only unable to agree on solutions but are unable or unwilling to communicate about them. When there are problems to be solved and no means to do so, a family law attorney must bridge the gaps. Your attorney will wear many hats in a divorce like this: counselor, therapist, negotiator, motivational speaker, and if necessary, courtroom advocate. A successful family law attorney typically balances excellent people skills with a willingness to see an issue from multiple perspectives. If your divorce is intense and the problems between your spouse cause you to be unable to see them for what they are, then a divorce attorney offers the assistance necessary to accomplish your goals.
Neither you nor your spouse likely wants to have your divorce end up in a courtroom with a judge deciding who gets what. Judges try their best to be fair and to make decisions based on the evidence presented to them, but the fact remains that their access to information is limited by time and the rules of evidence. Not everything you would want the judge to know about your family will be able to come out in a trial. The same goes for your spouse.
Typically agreements and settlements arise in mediation. Mediation allows you and your attorney to hone in on the essential parts of your case and prepare for and negotiate on them in a setting that encourages discussion and problem-solving. Having an experienced attorney in mediating divorce cases can make a tremendous difference for you. Knowing what to emphasize in terms of your strengths and how to minimize potential weaknesses from a bargaining perspective can help you keep your goals within reach. Saving time, money, and stress for your family are more added benefits of taking advantage of an opportunity to settle in mediation rather than risk your case in front of a judge.
The Law Office of Bryan Fagan, PLLC: Advocates for Southeast Texas Families
Thank you for the opportunity to discuss when it is appropriate to contact a family law attorney and what the benefits of doing so are. If you have questions for us, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. A free-of-charge consultation with one of our licensed family law attorneys is only a phone call away.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce“
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!“
Other Articles you may be interested in:
- Know-How Children’s Issues are Handled When Preparing for Your Texas Divorce
- How Long Will My Texas Divorce Take?
- How Much Will My Texas Divorce Cost?
- 11 Things You Must Know About Texas Child Custody
- How Can I Get My Spouse to Pay My Attorney’s Fees in a Texas Divorce?
- How am I going to Pay for My Texas Divorce?
- Should I Hide Money from my Spouse to Get Ready for my Texas Divorce?
- 7 Important Ways to Financially Prepare for Your Texas Divorce
- 6 Tips – On How to prepare for a Texas Divorce
- Can I get child support while my Texas divorce is pending?
- 6 Mistakes that can Destroy Your Texas Divorce Case
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, 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.