Preparing for a divorce means putting in the work necessary to earn the result that you want in a case. The attorneys with the Law Office of Bryan Fagan reject the idea that results in a divorce are based on good fortune or that you cannot overcome the facts of your case. Without a doubt, facts are important in a divorce, as are finances and a well-thought-out plan. However, so is your attitude. Having an attitude geared towards positive outcomes means that you make it possible to achieve favorable results.
Part of that positive, goal-oriented mindset involves record-keeping. Reading this blog post on the day you file for your divorce does not leave you much time to prepare. However, even someone coming into this information late can succeed in a divorce. It’s entirely possible to achieve great results in a divorce even if you are getting a late start on preparing. At the Law Office of Bryan Fagan, we take clients where they are with the circumstances they are facing.
Once we begin working with a client, however, we start to get you ready for your case. This means preparing as much as possible, creating goals, and then developing a strategy geared towards accomplishing those goals. If that sounds appealing to you then stick around for today’s blog post. Contact the Law Office, too, for a free-of-charge consultation with an experienced family law attorney.
Being intentional in a divorce
One of the key parts of a divorce that is severely underappreciated is being intentional. This means acting in a way that is geared towards accomplishing something. You need to have a “why” in this divorce. As in, why are you going through with the case? Why are you preparing to the extent that you are? Your motivation, in other words. Once you develop a motivation then everything else in the case falls into place. We are willing to go through a lot of unpleasantness for a big enough “why.” For that reason- start to consider what you need to get out of the case.
From there, start to develop the mindset you need to accomplish your goals. It may mean a complete shift in your mindset. For instance, are you optimistic about the divorce? Or are you dreading the idea of getting involved in the case? Focus on your immediate mindset. When you are apprehensive about something it impacts your body language, your confidence, and your entire mindset. This is not a positive approach to a challenging endeavor like a divorce.
With that said, you shouldn’t necessarily be feeling all that confident about a divorce unless you have a plan for both the case and your finances. That is where the attorneys with the Law Office of Bryan Fagan come in. We can help you develop a strategy for your case. Or, we are here to help you begin to look at your divorce differently. It’s amazing what a different vantage point can do for you and your case. A fresh set of eyes and goals is what you gain by working with the Law Office of Bryan Fagan.
Identifying your challenges
Every important journey in life comes with its share of challenges. The challenges we face tend to grow as we get older. A divorce is certainly a challenge for you to encounter as an adult. We are talking about property division and child custody issues. The most important people in your life combined with your finances. Tough to tackle all those issues in the same proceeding. However, that is exactly what a divorce calls for you to accomplish.
Within the divorce, it becomes necessary to knock out certain challenges that you face. For instance, one of the major challenges you may be facing is difficulty communicating with your spouse. This is a big issue for many people considering how important it is to negotiate with your spouse during the divorce. The inability to negotiate well almost guarantees that you and your co-parent will need to go before a family court judge to try and litigate your case.
Communication skills are hard to learn during a divorce. That is why parties not represented by attorneys tend to not do as well during a divorce. An experienced family law attorney can negotiate on your behalf and advocate with you during discussions with opposing counsel. Don’t just take our word for it. Reach out to the Law Office of Bryan Fagan to learn more about us and why we are uniquely suited to serve your needs in a Texas divorce.
Time management in a divorce
Does life seem like it’s spiraling faster and faster each day? That feeling is a common one during a divorce. Many people begin to feel like the case is spinning so fast that it is impossible to keep up. All of the planning, filing deadlines, meetings, coordination of events, co-parenting issues, and all the finances in a divorce. At times during a divorce, it can feel like you have a never ending list of things to do. At the same time, your days are jam-packed with so many activities. Where do you begin to sort out all the responsibilities that you have in a given day?
Start by slowing down. Even if your life feels like it is out of control you have a greater ability to chart your course than you believe. It is not the case that your divorce is a ball of energy that is outside of your plan, including your finances. Rather, you just need the tools necessary to regain a foothold and go from there. At the Law Office of Bryan Fagan, we have found that it is best to do this by improving upon your time management skills.
Time management skills mean learning how to utilize the limited time available to you. A divorce is a busy process for most people. However, that does not mean that your case is a constant blur. On the contrary, there are many times in a case where you can make up lost time. It just takes the ability to identify those times and then take advantage of them.
Hiring an attorney means improving your time management skills
Even if you do nothing else in the case, hiring an attorney means that your time management will necessarily improve. This is true because an attorney helps to lighten your load within the divorce. An attorney helps you to make better decisions faster. Rather than having to take a great deal of time to go through several different options, an attorney helps you to identify the best option and proceed from there. No more hemming and hawing over which direction to go in.
Imagine a situation where you have work, family, and social responsibilities. It’s not as if the rest of your life goes on a break during the divorce. Your boss may support you in your divorce but he still expects that report on his desk by a certain time. It does not matter if you were up late on the prior note responding to discovery requests from your spouse. Your work will be there whether you want it to be or not. Do not expect to be able to focus all your attention on work, home life, or a combination thereof. You need to be able to place your focus on multiple areas at one time.
If you are already noticing that your life has seemingly sped up as a result of your divorce do not fret. The Law Office of Bryan Fagan is here for you. With office locations in all the major metropolitan areas of Texas, we make it easy to meet with us face to face. Or, if your schedule does not allow for an in-person consultation we can help arrange an over-the-phone or via video meeting.
Performing a basic inventory
One of the most essential ways to prepare for a divorce is to complete an inventory and appraisal. This is a two-step process that you should prepare for. Step one is to inventory all your property. This means all property and debt that you own or owe. If you are at home right now that means walking around the house and inspecting your property. Personal property, vehicles, etc. Take photos with your phone to keep everything organized. Another benefit of taking photos is that you are not guaranteed the ability to always have access to your home during the divorce.
Keep in mind digital assets and your debts. Things like cryptocurrency are becoming more common for people to own. These digital assets are something that may encompass a significant percentage of your wealth. Have a place to store your cryptocurrency safely. If you purchased the cryptocurrency with separate property then be prepared to show proof of this to a court. The more prepared you are to do this the more likely the court would rule in your favor. Additionally, your spouse is less likely to try and dispute the separate property nature of anything that you own.
Finally, do not forget about your debts. Debt division occurs in a divorce just like property division does. We at the Law Office of Bryan Fagan recommend that you run a basic credit check of yourself before your divorce. This way you have a better understanding of what you owe. Yours would not be the first divorce where you find out that your spouse has taken out debt that you were previously unaware of. It is better to find out about this now rather than to wait and find out after a divorce when it is too late.
Appraising the property that you own
The second step in this process is to appraise the property that you own. The value of your debts is fairly obvious. Some properties that you own will be more difficult to determine the value of. Small property items like your personal items do not need to be appraised. However, larger items like furniture, vehicles, real estate, raw land, and any collections should have an approximate value applied against them.
Performing an appraisal is important because you can get a better idea of your community property value this way. Your separate estate and that of your spouse also matter in a divorce. The reason is that the value of each of your separate estates can be a factor when a judge divides that community estate. The more accurate you can be with your information means that you are better able to judge how property division will go.
Once you have appraised your property you can start to map out your ideas on how to divide the property. You can begin with your ideal method of division. In a perfect world, how do you want your property to be divided? From there start to map out less desirable options. What are your fallback choices? How are you going to negotiate with your spouse? Doing this work now, anticipating the responses of your spouse, and then creating a plan for achieving goals, including your finances, is a major part of the divorce preparation process.
Online accounts need to be organized
One of the tricky parts of a divorce is that you can’t be sure of where you are going to be on any given day. In some situations, you may find yourself facing removal from your home. Only one spouse typically remains in the family home during a divorce. As a result, you may be the spouse who either agrees to leave or is ordered to do so. In that situation it is appropriate for you to plan on how to make sure you have access to everything that you need in your home.
This includes anything that is stored on your family or home computer. In this day and age, many important records are kept in the cloud. Thus, some items of yours will be accessible from anywhere you have internet access. However, this is not true for everything digital. Rather, you should have a plan and prepare for any online, finances, or other digital information that you may lose access to as a result of the divorce. In some cases this may be online accounts whose passwords are saved on your computer. This presents a couple of dangers for you. First, your spouse has access to accounts that you may not want him to her to have. Second, you probably do not know the password to every single account you have online.
Before the divorce, if possible, go through and at least get the website addresses for each account that you will need access to. Username and passwords are also important. Once you have that information keep a safe list somewhere you can take with you. That way you can keep an eye on everything even if you no longer have access to your home.
Bank statements and transactions
Another necessary item for you to keep track of would be anything coming into or out of your bank accounts. Planning and spending finances during a divorce can be a problem. Your spouse and you likely do not have free reign to spend money however you want during the divorce. Temporary orders are usually implemented very early in the case which limits the kind of spending possible in the case. Usually, only attorney’s fees and necessary expenses can be made.
So, if you notice charges on a credit card or debit transactions for things that seem out of line it is important to speak to your attorney about them. Your spouse should be using the credit card like it is at any other time in your life. There are specific purchases that are ok and many more that are not. This is a time for families to hunker down and start to be sensible with their money. Wasting of community assets is possible even during the divorce itself.
Bank statements also tell a story about priorities. If your spouse is trying to argue that she should be the primary conservator of the kids but has a laundry list of credit card charges that relate nothing to your family that is a piece of evidence in your favor. Remember that divorces have a lot to do with many areas of your life. Look at your spouse’s prior behavior to inform you and the court as to their future actions. Planning is a huge part of providing the best care possible.
Final thoughts on record keeping and preparing for divorce
Simply put, the spouse who plans better for the divorce and manages their finances effectively typically does better in the case. Make no mistake, there are plenty of opportunities for you to succeed in a divorce case. However, the outcome is up to you. Diligence and intentionality go a long way to help in a divorce. Preparing for a divorce is a short-term sacrifice that can help to strengthen your long-term future.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan 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. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
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.
