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When Is the Right Time to Pursue Divorce Court in Texas?

When seeking justice in court, consider that fairness may not align with your expectations. a judge must follow laws and guidelines, and their decisions may not necessarily favor your side. The majority of my clients express a preference for settling their cases outside of court. However, sometimes, either my clients or their spouses insist on pursuing court proceedings, envisioning a courtroom drama like in the movies.

Expectations vs. Reality in the Courtroom

Clients often romanticize the idea of going to court until they witness the reality: a packed courtroom with lawyers, varying degrees of stress, and bewildered spouses on wooden benches. The notion of a swift and satisfying resolution quickly fades.

Why Spouses Pursue Texas Divorce Court

People often come to me with the belief that their Texas divorce will be easy and uncontested. However, the truth is that most cases are not uncontested from the outset.

The Threefold Nature of a Texas Divorce

A Texas divorce involves three simultaneous lawsuits:

1. Ending the marriage.
2. Dividing property and debts.
3. Establishing orders regarding the children.

Motivations for Going to Court

Unfortunately, some individuals resort to court because they want to fight, seeking to punish their spouse. Others want to share their story with the judge, expecting justice. However, it’s crucial to realize that, even in court, you may not have the opportunity to share your story. There are laws a judge must follow. They focus on specific facts to make rulings, not personal narratives. 

Understanding the Reality of Justice in Court

Everyone sees themselves as the hero of their own story, but justice in court may not align with your desires. Disagreements between spouses often lead to less-than-ideal outcomes.

Different Perspectives in Divorce

Spouses often view divorce from different perspectives, which can lead to conflicts. One may focus on financial support, while the other emphasizes their contributions.

The Complexity of Courtroom Justice

When you add the judge’s perspective, the court system becomes a mix of diverse views on justice.

Consider a Cost-Benefit Analysis for Seeking Justice

When seeking justice in court, consider that fairness may not align with your expectations. a judge must follow laws and guidelines, and their decisions may not necessarily favor your side.

Seeking Justice in Divorce

Given the uncertainty of court outcomes, it’s essential to consider alternatives. However, there are two good reasons for pursuing divorce court in Texas:

1. To prove an agreed divorce.
2. When an agreement cannot be reached due to a difficult or unreasonable spouse.

Emphasizing Mediation and Negotiation

Generally, it’s preferable to resolve divorce issues through mediation and negotiation. This approach allows you and your spouse to shape your post-divorce lives with more certainty and control.

Guideline Laws and Managing Expectations

For example, in Texas, there are guideline child support laws that a Judge must follow, unless there’s a compelling reason to deviate. Clients should understand these legal boundaries. 

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  1. Common Law Marriage and Texas Divorce Guide
  2. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
  3. Am I Married? – Marital Status in Texas
  4. Can I sue my spouse’s mistress in Texas?
  5. When is, Cheating Considered Adultery in a Texas Divorce?
  6. 6 things You Need to Know Before You File for Divorce in Texas
  7. 6 things You Need to Know Before You File for Divorce in Texas
  8. What to think about prior to filing for divorce in Texas
  9. Where do you file a divorce in Texas and what are the steps after filing?
  10. Essential knowledge to have prior to Filing for Divorce in Texas

Law Office of Bryan Fagan, PLLC | Houston, Texas 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 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, 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 Houston, Texas, Cypress, 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.

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Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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