Navigating the Complexities of Divorce: Why You Need an Experienced Attorney

Divorce is no picnic. You already knew that, but as an attorney with the Law Office of Bryan Fagan, I wanted to make that abundantly clear. Even if you think that your divorce is going to be a breeze that may not necessarily be the case. Going through a divorce means having to discipline yourself, your spending, and your intentions. Going into a divorce without a plan is a mistake. For that reason, we recommend that you look to hire an attorney to assist you with the divorce process and everything else that comes with getting divorced.

More specifically, we recommend that you begin your search for an attorney by reaching out to the Law Office of Bryan Fagan. We can help you to figure out a plan for your divorce. We can provide you with information about the law and your circumstances. We can show you how your family’s situation relates to the law and how the two will impact one another during your divorce. In short, we will approach your case with the heart of a teacher to provide you with the information and help that you need to better serve you. Rather than wander into a divorce, why not go into the divorce intentionally and with the best possible plan?

In today’s blog post from the Law Office of Bryan Fagan, we are going to do something a little different from our usual posts. Sure, we pride ourselves on providing our community (and the internet at large) with unique content each day about the world of Texas family law. This blog post will be no different from any other in that regard. However, what we are going to do today is provide that content via several small blog posts. You can think of them as bite-sized morsels of family law goodness that you can consider alongside one another. Our goal with this blog post is to come at you with several different reasons why it is a good idea for you to be represented by an attorney for your divorce case.

An attorney knows the law

Understanding the law is a huge part of succeeding in a Texas divorce. No matter what your goals are you need to be able to have an understanding of what the Texas Family Code says about the particular issues which are relevant to your case. Whether you are going through a divorce with children or a divorce where the property division aspects are most important to you, you must know how the law works, what its subtleties are, and how you apply the law to benefit your family.

Ultimately, anyone can sit and try to memorize the Texas Family Code. If that is how you want to spend your precious free time, then be my guest. However, in trying to do so you are giving up on whatever leisure time you have to learn things that an experienced family law attorney already possesses a great amount of knowledge of. What’s more, an attorney can take that knowledge of the law and apply it to your case. We can see connections between the community property division for your specific case and the laws regarding reimbursement. If your child has a special, need we know how to get your child support extended past your child’s high school graduation.

Whatever the case may be, our attorneys will help you better understand the law and learn from the mistakes and successes that we have seen others already encounter in their divorces. So while you try and memorize the Family Code, a client of ours has a terrific amount of experience at his disposal applying that same Code book as well as being able to anticipate how the Code will impact their case and their family. Experience is great. Knowledge is great. Having both is ideal. With the Law Office of Bryan Fagan, you get both.

Keep a level head and your eyes on the prize

One of the tremendous advantages hiring the Law Office of Bryan Fagan brings to your divorce is that you have a built-in support system in our office. This calls to mind the importance of you building up your support system in the meantime. If you have friends, family members, church friends, or anyone who can lend a hand for support at this time you have a major advantage. When all else fails, our office can act as that support system for you while you embark on your divorce journey. We don’t take our clients for granted and want to make sure that you are confident in your case and calm in your personal life.

Setbacks are the norm in a divorce. There is no avoiding missteps and setbacks even if you hire an attorney to represent you in your divorce. Since the stakes are so high in a divorce and you may feel like there is pressure to be perfect in your decision-making, one of these setbacks can bring about a great deal of shame and guilt. Our attorneys can help you to identify those feelings and help you keep your chin up no matter what types of adversities you are encountering in the divorce.

Objective advice

Have you ever been in a workplace where the boss would ask for advice and the whole team would wrap around him and give advice that was not accurate? This sometimes happens because the team is so afraid of the boss that they give answers and information that are intended to make the boss feel good about himself. We call this being surrounded by “Yes Men.” A yes man agrees with the boss at every opportunity. A yes man can be counted on to support every decision made by the boss to simply hold onto their job and avoid the wrath of the boss. In short, this is an unhealthy situation and not productive for anyone in the long term.

At the Law Office of Bryan Fagan, we are kind and supportive, when need be, but we are objective and honest when it comes to providing advice. We do not aim to hurt feelings or upset people. However, we also understand that your time is important, and your divorce is important. Therefore, when we advise clients we do so with a clear conscience and an honest heart. The advice that you hear from one of our attorneys does not come with an agenda and it is done with your best intentions in mind- not the best interests of your attorney in mind.

Going to court- know what you’re doing and have a plan

Whether it is a temporary order hearing or trial, when you step foot inside a family courtroom you must know what you are doing. Knowing what you are doing means having a plan and then executing that plan. So much can come up during a hearing or trial which you cannot prepare for. The main reason that spouses find themselves in a courtroom during a divorce is due to negotiations failing them. Once it becomes apparent that the negotiating table is not where you are going to end your case, then your focus should shift to preparing for the courtroom.

Conducting yourself appropriately while in court, filing the correct documents, addressing the judge respectfully, introducing evidence into the record of your case, and even knowing where to sit and stand in court is essential to the success of your case. There is no substitute for having been inside the courtroom before. An experienced family law attorney will have a level of comfort in those surroundings which may be anything but comfortable for you. When you are comfortable you can focus on your case and the material which you are there to present. Otherwise, you will spend too much time thinking about how you are a fish out of water.

Preparing for mediation

The alternative to going to court to complete your divorce is attending mediation. Mediation is a process whereby you and your spouse select a third-party mediator to become involved in your case and to help you both settle the issues that you have been unable to do so. This means that there could be 10 issues that you need to sort through in mediation, or you have only one or two. Whatever the case may be, your experienced family law attorney with the Law Office of Bryan Fagan can help you too get ready for mediation.

Preparing for mediation means laying the groundwork with your spouse before the mediation date itself. Mediation works best when the two spouses have been engaged in back-and-forth communication and negotiation for an extended period. When you try to begin negotiations the day before mediation you are not doing yourself any favors. In that case, there will be no groundwork laid and it would almost be like negotiating from scratch at mediation. The more work that you do to negotiate and discuss these issues before mediation the better off you will be in mediation itself.

One of the major advantages to working with an experienced family law attorney in your mediation is that an attorney from our office can draw upon their experience when helping you figure out if a particular issue or problem can be solved using one of your preferred settlement offers. For example, if you and your spouse are close to agreeing upon a visitation schedule for your child your attorney can help you to see if this schedule is going to work for you and your family considering your work schedule and other factors. Additionally, when you and your spouse are negotiating on a division of your community estate a family law attorney can help you by having documents and financial statements ready for you and your spouse to review at mediation.

Having time to focus on what matters most

Even if you are comfortable with the idea of representing yourself in a divorce it may not be the most efficient use of your time. As much as we may like to think otherwise, the only resource in a divorce that you cannot create more of is time. Whether that is time with your children, time for work, or time relaxing and getting away from the divorce it is impossible to be able to get back all the lost moments that you may have had working within your divorce. For that reason, working with an experienced family law attorney can help level the playing field in this regard.

As much as you may be hoping otherwise, the world does not slow down because you are going through a divorce. You will still have work responsibilities. Home repairs and vehicle repairs still occur during a divorce. Your child will still have social events and other extracurricular activities while the divorce is ongoing. Meanwhile, that doesn’t even begin to scratch the surface of your home life and the other responsibilities that you may have in your life. In short, since the world does not slow down during your divorce you must be able to take advantage of the time that you do have during your case. Hiring an experienced family law attorney can be one of the most productive and efficient uses of your money.

Don’t go into a divorce feeling lost and alone

It would be normal human nature to feel like you are grasping at straws in connection with your divorce case. This is especially true when you take into consideration that you are probably not an expert in family law and may have never been through a divorce before. As a result, probably the most significant advantage that you can have in your case is the ability to purchase the experience and knowledge of another person to assist you with your case. This is exactly what our attorneys can do for you in your divorce. Our attorneys and staff pride themselves on doing our best for you and putting your interests before our own.

The best way for you to begin to feel more comfortable with the divorce is to build a strong relationship with your attorney and their staff. Building strong interpersonal relationships with these people can offer a stark contrast to the divorce case itself. While the divorce process seeks to divide up you and your spouse you can counteract this loss of a relationship by gaining a strong relationship with your attorney. The attorney can help you to feel like you have a plan when otherwise you may be searching for the next best step to take.

Property division issues

One of the most important parts of a Texas divorce case is determining how to divide community property. When it comes to this issue there is a lot of risk that you undertake. Suppose that you have built up a great life for yourself and your spouse over the years. Now that you are moving towards a divorce it can be intimidating given that the prospect of you losing a lot of this property to your spouse is staring you right in the face. Therefore, you should work to develop a strategy and a plan that can help you to retain as much Community property as possible when on any issue which may yet be unsettled.

There are many ways to settle a case when it comes to Community property division. There are a lot of instances where creative thinking and problem-solving become the most important part of your case and the efforts that you are submitting to settle your case and put it behind you. With that said, working with an experienced family law attorney can allow you to perform well at the negotiating table so you can avoid having to go to court and leave your case up to a family court judge.

What assets and liabilities are subject to division

One of the basic functions that a family law attorney can assist you with is determining which assets and debts you own are part of the community estate which are part of the separate estates of you and your spouse. While the basic laws regarding community property division are straightforward every divorce when taken individually has some complicating factors which can become tedious and confusing if you are not experienced in these areas. When you begin to interview family law attorneys, please make sure to ask about their experience in dividing up community property.

Defining what property belongs in your separate estate and then protecting as much of your property in the community estate as possible is what an experienced family law attorney excels at. Thank you for joining us today here on our blog and we hope you will join us again tomorrow for additional, unique content.

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