Navigating a divorce is challenging but not insurmountable. You can manage the stresses of divorce in Texas effectively with the right support. At the Law Office of Bryan Fagan, our attorneys excel in guiding clients through this tough process. Every day, we represent clients in court and at negotiation tables, regardless of their unique situations. If you don’t have set goals or are unsure where to start, we’re here to help. Our expertise lies in simplifying the divorce process and addressing the emotional aspects of divorce cases. Stick around for today’s blog post to learn more.
At the Law Office of Bryan Fagan, we recognize that divorce extends beyond legal issues. It affects real people with genuine needs, hopes, and concerns. Our team is dedicated to providing outstanding service and educating our clients, embodying the heart of a teacher.
For more information about our services or to get your questions answered, contact the Law Office of Bryan Fagan. Our experienced family law attorneys are ready to address your concerns, offer answers, and empower you to make informed decisions. We believe that knowledge is the key to confidence in any divorce situation. Let us help you feel equipped and ready to move forward.
Determining what you need in a divorce is not easy
If you are considering a divorce, then it is likely that you have come to this decision after a great deal of thought. Very few of us would jump into a divorce without first thinking long and hard about whether that divorce was necessary. There is just too much at stake in your case for you to not weigh all the possibilities before taking steps to file a divorce case. Even after all this deliberation and thought it still may be the case that you have questions about areas of a divorce that are important to you.
Can you think back to high school for a moment? Put yourself at a desk seated there in the classroom, waiting for your teacher to hand out a test. You get the test, write your name, and then start to look at the questions. A feeling of nervousness and unease creeps to the surface of your body as you realize that the information that you are about to be tested on is not what you had studied for. While the rest of your class starts to hurriedly write their answers you feel like the most unprepared person in the world.
The truth is that the way you and I may have felt before an exam is the way that many people in our community feel as they approach a divorce. You may know that you need this divorce. That you’ve tried counseling and that didn’t work. There is no chance of a reconciliation with your spouse. Rather, you are moving towards a divorce at this point. The only issue is that you feel so uneasy about the process. Almost like you have signed up for a test before you had a chance to study for it.
Here is what we know about divorce- it is not easy, but it is something that you can prepare for. Where you can start is to consider what your life looks like, what you want it to look like in the future, and what needs to change to get you from Point A to Point B. Mapping out your life is hard enough with a spouse who you are on the same page with. Throw into the equation a reality that you and your spouse are not on the best of terms right now and that sort of planning may seem like a luxury you can’t afford right now.
From experience, the attorneys with the Law Office of Bryan Fagan can tell you that having goals is not a luxury- it is a necessity. The goals that you can create for yourself in a family law case will shape your life moving forward but also how you approach the divorce that you can engage in. Do not underestimate the importance of goal setting or how attainable your goals may be. For the first time in a long time, you may be in a position to be able to chart your course and make decisions for yourself. Do not take this opportunity for granted.
The attorneys with the Law Office of Bryan Fagan are skilled at being able to help people just like you plan their divorce. Our attorneys know how to file a divorce quickly and efficiently, so you do not lose any time at the beginning of your case. Throughout the divorce, we will work hard to negotiate with your spouse and their attorney on the issues that are most important to you. We can help you brainstorm goals and develop a strategy for achieving those goals.
Separating yourself from your spouse emotionally
The emotional and relational aspects of a divorce are critical and should never be overlooked. Often, people are advised to treat divorce like a business transaction to minimize emotional impact. While the intent behind this advice is clear, applying it can be challenging.
Divorce marks the end of a significant chapter in your life. Even if you’re unhappy in your marriage, you’ve built a life with your spouse, and acknowledging its end is emotionally draining. Consider the immense changes this brings, not just for you but also for your children who may not fully grasp what these changes mean, setting the stage for emotional challenges at home.
Deciding to get divorced is an emotional journey in itself. Before even contacting an attorney or filing paperwork, the mere consideration of divorce can feel overwhelming. Some say once you consider divorce, there’s no turning back. While that might be an exaggeration, it underscores the seriousness of viewing divorce as a viable option for your family.
Take time to reflect on whether divorce is the right choice for your family. While input from friends and family is valuable, also spend time alone, away from distractions, to think critically about your future and that of your children. Divorce is a significant decision and requires thorough consideration.
Another preparatory step is financial planning before moving forward with a divorce. Anxiety is common before a divorce, often reflecting underlying concerns rather than a medical condition. Ensuring your finances are in order is crucial; without financial stability, the challenges of divorce can intensify significantly.
Legal complexities of divorce- who owns what?
When facing a divorce in Texas, thinking about property as “his,” “hers,” and “ours” is crucial, though challenging. You can start by using a yellow legal pad to draw three columns, symbolizing the division of property: your separate property, your spouse’s separate property, and community property. Identifying how to classify each property type is often complex.
Typically, at the start of a divorce, all property is presumed to be community-owned. This matters because community property is divisible in the divorce. If you possess any separate property, be ready to demonstrate its individual ownership. Separate property includes assets owned before your marriage or those received as gifts or inheritances during the marriage, which a judge cannot divide in a divorce.
You and your spouse are primarily responsible for dividing property yourselves. If you cannot reach a settlement, a judge will take over. However, you and your spouse know your circumstances best. Providing clear evidence of separate property will position you well for asset division. Together, you will need to establish a method for dividing community property.
Do you own a small business or have debts? Does your spouse have a significantly different income? These questions are vital in a divorce context. Given the long-term impact of property division, consulting an experienced family law attorney is advisable to navigate this part of your case effectively.
Child custody and conservatorship- where the legal and emotional come together
Divorce cases uniquely blend emotional and legal challenges unlike any other legal matter. Preparing for both the legalities of ending a marriage and the emotional and relational issues is crucial. Child custody and conservatorship deeply intertwine these elements.
If you haven’t navigated shared custody before, divorce will thrust you into it. You’ll need to address visitation, child support, and more. It can be difficult to regularly hand over your children to your co-parent. You might worry about whom your child prefers or how well your co-parent is caring for them. Mastering the balance of these concerns is a vital aspect of your divorce.
Consider viewing your divorce as a trial period for co-parenting. This stage is full of trial and error. Learn to prepare your kids for weekend visits, communicate effectively with your co-parent, and manage the emotional challenge of spending less time with your children. Addressing these concerns along with your children’s emotions and mindset is critical in child custody arrangements.
For parents with unusual schedules or who live far apart, creating a fitting custody schedule is essential. Often, families create visitation plans without considering their specific needs. By the time you negotiate child custody, you might feel too weary to focus on details. However, paying close attention during negotiations can prevent future logistical problems with visitation, ensuring a smoother transition into the next stage of your life.
Parental alienation- an emotional outlet to avoid when it comes to your divorce
Feeling isolated during your divorce is common, but remember, you are not alone. The emotional turmoil can be overwhelming, and unfortunately, some parents resort to manipulating their children’s feelings toward the other parent. This harmful tactic, known as parental alienation, should never be part of your divorce strategy.
It’s crucial to understand that your children will thrive when both parents collaborate and stay actively involved in their lives. Trying to undermine your co-parent may seem like a way to elevate your standing, but it actually weakens your children’s primary support system.
Throughout the ups and downs of a divorce, always prioritize your children’s best interests. By managing your divorce effectively and setting clear goals, you can better control your emotions. This allows you to focus on what truly matters—your children’s well-being.
Questions about the material contained 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 consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
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- The Real Scoop on Average Divorce Costs
- 10 Divorce Mistakes You Should Avoid for a Quick Split in Texas
- Understanding the Texas Divorce Waiting Period: What You Need to Know
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- Navigating divorce when DFPS Amarillo is involved
- Exploring Divorce Mediation in Texas: What to Expect and How to Prepare
- How to file for divorce when there are child support or custody orders already in place
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
