Life events occurring or having a specific need to get your divorce done and over with it is an entirely reasonable inclination on your part to 1/2 have your divorce come to an end. That is because divorce is an altogether unpleasant experience and something that everyone would rather avoid altogether. If you cannot prevent your divorce, then the best you can probably do is get divorced quickly.
The problem with that is that while everyone wants a quick divorce, not everyone can commit to following through with the steps that will help you achieve this goal. It is almost paradoxical in that the steps that you can use to get divorced quickly also are ways to help your divorce become longer than you had ever anticipated. This is because the more you push towards a fast divorce, the more your spouse may see this as a threat and instead wish to slow the case down. Therefore, you may need to work with them to increase the likelihood of your case pending sooner rather than later.
This is to speak nothing of the reality for many of you that there may be little you can do to speed up your divorce at all. I am talking about how your case may be where it is challenging to speed up the pace. A divorce is like a snowflake. Each divorce case that comes through the Law Office of Bryan Fagan is unique in its own right. The people in your family are different from those in a divorce filed 5 minutes after yours. Your children are other than their children. You either have more or less property, more or fewer issues with the kids, and a greater or lesser propensity towards disagreement with your spouse. These factors weigh heavily on your ability to achieve a divorce that is over with sooner rather than later.
So, where does that leave you? Is it even possible for you to get a straightforward divorce? What would prevent you from getting a specific and relatively quick divorce? Can you do anything to prepare ahead of time to help give yourself the best possible opportunity to achieve these goals? That is what I would like to discuss with you today. The advantage that a client of the Law Office of Bryan Fagan has is that we possess a great deal of experience when it comes to preparing for a divorce when it comes to designing a plan, executing on that plan, and then ultimately doing what it takes to see the schedule through to the end of a case no group of attorneys in Southeast Texas are better equipped to do so than the Law Office of Bryan Fagan.
Suppose you have questions about the material you’ve read or anything else regarding divorce at the end of today’s blog post. In that case, my recommendation is to contact the Law Office of Bryan Fagan. You can set up a free-of-charge consultation with one of our licensed, inexperienced family law attorneys. These consultations are free of charge and can go a long way towards helping you understand what to expect in a divorce is learning how well suited or not, your case is two being resolved quickly and efficiently. I believe that all divorce cases can be completed efficiently. Whether or not my definition of efficient meets up with yours is another story altogether. However, you can begin to learn the basics of divorce in Texas and see how the laws of our state can impact you and your family by reaching out to us for one of these free of charge consultations.
What is a straightforward divorce?
A moment ago, I used the term straightforward divorce in the context of achieving your goal of getting a fast divorce. Now, complex divorces can be completed quickly. Straightforward divorces can take longer than you would expect to be completed under certain circumstances. What we need to discuss today is how to ensure that your straightforward divorce remains that way or how to turn a complex divorce into a straightforward one. While it is not always possible or even beneficial to turn a complex case into a straightforward one, I think the best thing we can say in this regard is that having a plan is the best path towards making a murky case and providing it with a great deal more clarity.
It seems obvious, but you need to attack your divorce differently if you have children. A divorce involving children under the age of 18 means that you need to focus on custody, conservatorships, child support, and a host of other topics related to your kids. Invariably, children make a divorce more complex. This isn’t a bad thing; period obviously, you are not going to neglect issues related to your children in favor of simplifying your case. That isn’t possible. However, the more complex your case is, the more it behooves you to develop a plan to accomplish goals.
That plan may involve negotiating from the outset of your case and emphasizing the subject away from litigation. If you want to avoid a lengthy and, therefore, costly divorce case, the best thing you can do is promote the idea of settlement and negotiation with your spouse from the get-go. This does not put you in a position of weakness. Instead, it shows your spouse that you are willing to engage in good faith to better your children in one another. Frequently there is a sense of uneasiness at the beginning of a divorce where you and your family may be unsure of the path your case can take. However, if you immediately see to it that the air is taken out of the room by discussing settlement early and often in your case, then you will be better off. It also ensures that your lawsuit will be completed sooner rather than later, especially when compared to the claim that will ultimately proceed to a trial.
I find that cases where the parties agreed to mediate for temporary orders early rather than waiting until the day before a temporary orders hearing can often set the tone for cohesion and unity in a much more straightforward fashion. For instance, when you have your attorney contact the opposing lawyer to set up mediation as a first step in your case, it communicates something entirely different than calling to make demands or setting the chance to go to court. The reality is that family law cases do not have to see the inside of a courtroom until a resolution on all subjects is had period; however, family law cases can also slip into a circumstance where you and your family have no choice but to prosecute because the lines of communication have been closed buy one or both of you.
Mediation is a great way to avoid running into this trap. The great thing about mediation is that the process forces you and your spouse to communicate with each other through an intermediary. The mediator will be an experienced family law attorney him or herself. This allows all of you to exchange settlement offers in an informal, relatively stress-free environment. Simply being able to go between the mediator can again take the air out of the room and provide some brevity to the circumstances. There is something about having a neutral third party intercede into matters related to your case that can help you and your spouse identify the critical areas of your case.
The other nice thing about mediation is that it is highly effective. The benefits of mediation will be muted if all you could say about it is that it is less stressful than going to a trial period; however, not only is mediation less stressful and less expensive than going to a trial, but it produces results that are better for both you and your spouse. Remember that nobody knows your circumstances better than you and your spouse. You may not agree on everything, but I bet you and your spouse agree on more than you think. At the very least, I bet you and your spouse agree on more than you feel regarding your children and what is best for them. You certainly know your children and what is best for them better than a family law judge. The other thing to bear in mind is that if you can settle your case in mediation sooner rather than later, you avoid one of the most important sidetracking events of a divorce case, namely a temporary orders hearing.
Developing a plan geared towards incurring Bridging negotiation and settlement through mediation is the best way to both a short and a divorce case and encourage and promote communication. Contrary to what many people believe, family law attorneys do not encourage disunion and discord. Family law attorneys are too busy to enable their parties to two-fight two the death metaphorically increase billable hours. We would much prefer that you and your spouse reach amicable and communicative resolutions that help us free up time to help other people.
All it takes is for you and your attorney to establish a tone of moderation and communication early in the divorce. A Mean You will back down from what I believe is the correct or necessary period. It also doesn’t mean that your spouse will agree with everything that comes out of your mouth. Mediation and communication are not a direct path towards a quick and sweet divorce. What it does offer is your best opportunity to settle your case equitably and efficiently. With that said, let’s discuss what could make your divorce more complex and, therefore, longer in duration.
What are some factors that could lead to a more complex divorce?
Above all else, a disagreement regarding conservatorships rights and duties can invariably lead to a lengthier, more expensive in a more complex divorce. For example, if you and your spouse disagree on who should be the primary caretaker of your children, then this is something that could lead to a much more complex divorce case. When it comes to receiving child support, being able to determine the primary residence of your children, as well as a host of other topics related to rights and duties, then becoming the custodial parent of your child, is extremely important. Often when parties disagree on this subject, it leads to hearings for temporary orders and trials. In between there, custody evaluators, attorneys ad litem, and a host of other steps may have to be needed to provide the court with the information it needs to determine the best interests of your children and who serves those interests better between you and your spouse.
First, when we talk about mediation, conflict resolution, and negotiations, as we have in today’s blog post, the entire premise of the discussion is based upon there being some middle ground between your position and that of your Co-parent. Consider a situation where you want to possess your kids 60% of the time while your spouse is offering a 50/50 custody split. There is some middle ground between what you want and what she wants in a condition like this. You can split the difference between what you want and what your spouse wants and move on with another aspect of your case.
However, there is no middle ground in a situation where both you and your Co-parent want to be primary conservators. You can split the rights and duties to your children. You can split the time but be able to receive child support and designate the primary residence of your children is not something that can be broken right down the middle period; for this reason, if both sides are adamant about wanting to have this right, then it leaves little choice but for the courtroom, appearances to occur. Additionally, the court will likely have to appoint persons to observe your family, interview you and your spouse, and make recommendations to the court. This will take time and money to accomplish.
What you and your spouse may be able to do is to negotiate for there not to be a primary conservator of your children at all. In that case, you could agree to become joint managing conservators with no specific designation made for which of you is the primary Conservatory. This would allow both you and your Co-parent to split conservatorships duties between the two of you and two move forward with other issues in your case that can be negotiated upon.
Even if you don’t have children, there are still issues that can prevent your case from being settled in a relatively quick fashion. For example, Community property decisions regarding your family home, an asset in debt division in topics like these, can frequently be settled if both you and your spouse want to meet in the middle. However, if one of you does not want to sell the family house in one of you do, there may not be much middle ground. This is especially true if you believe that your spouse cannot pay for the mortgage to the house without your income.
Additionally, you all may have a legitimate circumstance where there is a question as to whether or not a particular piece of property is Community property or rightfully belongs in one of your separate estates. In a case like this, you all may have to hire A forensic accountant or another financial expert to help a judge determine where the property rightfully belongs. Invariably, that means that you would end up in a trial which, again, takes time and money forces you to commit resources that otherwise could be saved for after your divorce and into a transition phase of your life. Bear these issues in mind as you prepare for your divorce and understand that it is possible to accomplish a relatively quick and painless divorce, but you must have a plan to do so.
Questions about the material provided in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact 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 more about the world of Texas family law and how your family circumstances may be impacted by the filing of a divorce or child custody case. Thank you so much for being so interested in our law office. We hope you will join us again tomorrow as we continue to share additional information about the world of Texas family law.
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