The times that we have been living through are genuinely unprecedented. You don’t need me to tell you that, and you’ve likely heard it from sources like the news, television, and people we encounter in our daily lives. The coronavirus pandemic and the overall uncertainty surrounding so many areas of our life have made the year 2021 to be remembered. So much of what we thought we knew has proven incorrect, Anne; as we learn more about this virus, we will continue to evolve our thinking to lead productive lives and protect those at risk of harm from the effects of the virus.
One of the most significant ways that life has changed for most of us regarding the pandemic is that our lives have been based more on staying at home than at any other time in recent memory. Given what we know about how the virus spreads most easily in crowded groups of people, it is natural that we have shifted our focus to limiting large group settings until better treatment methods arrive. Changes like this have altered the course of our interactions and lives daily. These changes have seen people from all walks of life make adjustments on the fly and do the best they can during this pandemic period.
If you are going through a divorce, then the changes in society that we have temporarily undergone are felt acutely by you and your spouse. Towards the beginning of the pandemic in early spring, many of us were concerned about simply going out into public. This limited the number of people who could continue with the divorce filed before the pandemic and made people cautious about doing much of anything that involved leaving their home. This was understandable at the time, given the limited amount of information about this virus.
We have learned much more about the coronavirus and can make decisions based more on fax and observed tendencies about the virus and its propensity to infect people. As we have become more acclimated to living in a pandemic, more of our lives have opened up to contact other people. An example of this is the family courts, where most family courts in Houston and Harris County were closed at the beginning of the pandemic but are now operating at nearly total capacity. I would estimate that it is some combination of the desire to move on with our lives and more knowledge of keeping people safe that led to the gradual reopening of our courts and other public spaces.
So, the bottom line is that if you want to get a divorce during this year or next, nothing is stopping you from doing so. The courthouse is open; judges hear cases both virtually and in person. There are all types of ways to interview attorneys, attend mediation and generally proceed with the divorce despite some of the challenges presented by the coronavirus pandemic. With that being said, I would like to share some information about how you can best proceed with your divorce during this pandemic. It would seem that the goals of divorcing during the pandemic would be twofold: 1) to keep yourself and your family healthy and 2) to get a divorce that is fair and equitable in a short amount of time.
Talk with your spouse before you file
the best and most efficient way to proceed with the divorce is not to have one in the first place. Let me explain what I mean by this. If you can avoid getting a divorce, I would recommend that this is the course you take. The pandemic is an excellent time for you to have an opportunity to sit down with your spouse and discuss with them what your goals are for your relationship and where each of you needs to work to improve the quality of your marriage. If you can do so and come up with concrete steps towards improving your wedding, then this is absolutely the best way to go. There is no sense in getting a divorce if it can be avoided at all costs.
This doesn’t mean that you should abandon your plans for divorce and delay the inevitable. Keep in mind that you can wander into a rough spot in your marriage, but you cannot walk out of a wild place at your wedding. If there is the hope of saving your marriage, you need to act on it and do so with a plan. Be intentional about how you approach your divorce or approach reconciliation with your spouse. This means coming up with goals for your marriage, communicating them to your spouse, and listening for their feedback. If you and your spouse can get on the same page about what areas of your marriage need to be improved, then you can take concrete steps to improve the course of your relationship.
It could be that you and your spouse need to attend some counseling together and do so very quickly. Or it could mean that you all need to talk together and have honest discussions about problems that you all have experienced in parts of your marriage previously. Or, he may find that the root cause of the issues in your wedding is not a lack of communication, intimacy issues, or something else within your personality but has to do with money or a lack of trust regarding your finances. Becoming more transparent about how you spend your money or even getting a second job to increase your cash flow at this time may go a long way towards doing away with the need to get a divorce in the first place.
Whatever course you choose to take regarding improving the quality of your marriage, remember that you cannot and should not delay your divorce if you have no plan to save your marriage. As I have talked about in other blogs on this website before, the thing to keep in mind is that the nature of your relationship with your spouse is either getting better or getting worse. There is no neutral setting for any relationship that people have. If you focus on taking quality steps to improve the nature of your marriage intentionally, then you can put off divorce permanently.
The other side of the coin of this discussion revolves around you and your spouse discussing honestly the need to get a divorce. Suppose reconciliation either has not worked for you all or is not in the cards for you at all. In that case, you need to talk about how to get a divorce in the most economical, fair, and expeditious manner; possibly delaying a divorce or prolonging a divorce does no one any good. This includes you, your children, or your family at large. Again, it is better to develop a plan with your spouse before the divorce occurs than to go into a divorce aimlessly.
I understand that it may not be possible for you and your spouse to discuss your divorce, given the problematic nature of the problems that you all may be going through. It is much easier said than done when it comes to planning a divorce with their spouse. Often, people in your position cannot communicate effectively due to emotions getting the best of them. While I fully understand these difficulties, it should be something that you strive to do, especially during this pandemic. Suppose you can avoid delays due to the reduced availability of judges for hearings and dates for mediation by negotiating a majority of your divorce before the case even begins. In that case, that is the best for everyone.
It does not matter if you can settle your entire divorce before even filing the case or if you can only conclude a few different subjects. Any subjects you can relax and then set aside before having your attorneys become involved is necessary. This is because you will be paying your attorneys for any work done when negotiating with your spouse in their attorney. Why not save time and money during your divorce and work directly with your spouse from the get-go?
Please take advantage of flexible options when it comes to meeting with your attorney
selecting the right divorce attorney for your case is incredibly important to the future of your divorce. No two divorces are alike, and no two divorce attorneys are alike, either. You can drive up and down any major road in Southeast Texas and find a host of attorneys who will be willing to represent you in a divorce. However, having the right attorney to represent you is critical to the success of your case. An attorney acts as our guidepost, source of information, confidence, and advisor. This is not to mention how your attorney will serve as an advocate for you in a defender of your rights and those of your children, as well.
You need to be able to interview your attorney before hiring him, or her period preferably, you will be able to interview multiple attorneys and then decide on whom to represent you based on experience, location, cost, and other factors that you believe are important. Make sure that the attorney you are talking to has a general understanding of your case but then spend some time listening to their responses. Remember that the person speaking to you will also be preparing for your hearing some mediations, possibly representing you in court in front of a judge and generally interacting with you regularly. It is essential that you feel comfortable with them before hiring them.
Next, many attorneys offer free of charge consultations by phone, in person, and via virtual means like video conferencing. Our law practice has been offering all of these means for talks for many years, and we continue to do so now that there is an actual public health need. Whatever your circumstances are, you can take advantage of whatever method of communication you wish. Our attorneys are happy to meet with you in whatever way you see fit and will go to great lengths to protect you and your family if you choose to meet in person.
The bottom line is that you do not need to put off a divorce simply because you are concerned about your health or your family. It is customary and reasonable for you to be concerned with the health of those closest to you but getting a divorce right now does not mean that you will be putting your family in danger. Educate yourself on the risk factors of divorce from a public health perspective and make decisions that you believe are best for yourself and your family. I would tell you that there are multiple ways to move forward with the divorce that present deficient levels of risk when it comes to your health.
Questions about the material presented in today’s blog post? Contact the Law Office of Bryan Fagan
if you have any questions about the material presented in today’s blog postcontact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are an excellent way for you to learn about the world of Texas family law and the services provided to our clients by our attorneys and staff.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
