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One of the great misnomers about a divorce case is that it is focused on judges determining outcomes for families. This notion is reinforced by our media, movies, and television shows portraying divorce as a brawling affair. This runs counter to the reality of divorce cases in Texas. The process is based on the idea that you and your spouse should determine the outcome of a case. While this may not always be possible, a case begins from the perspective of two people seeking to prepare as best they can to negotiate and settle their case. A courtroom, in other words, is not your destiny in a family law case.
The best thing that you and your spouse can endeavor to pledge is to work on your divorce as a team. Working as a team with your co-parent may be the last thing you want to do. It may seem like the most unnatural thing in the world to work with your co-parent on anything. However, that is exactly what we at the Law Office of Bryan Fagan recommend. Today’s blog post is going to focus on doing just that- creating solutions to your family law issues.
There are many benefits to working with your spouse in a divorce
Let’s hit on one of the main benefits of working together on a divorce. You and your spouse stand to create much better outcomes in a case where the two of you can work together. It may be less stressful to leave it up to your attorney to do the negotiating. Less interaction between you and your spouse. However, that rarely results in a better outcome in your divorce. Rather, when your fingerprints are on the case the results are oriented more towards the needs of your family.
This is especially true when you have minor children in the divorce. Your children stand to benefit when their parents are actively involved in the negotiations. Subjects like visitation, possession, and access become more geared toward the needs of your child. While you and your co-parent may not agree on very much most parents in your shoes are willing to work together on issues related to the kids. Their best interests are the focus of a divorce.
Are you skeptical about your ability to work with your spouse? Has your spouse voiced an unwillingness to negotiate with you on anything? Contact the Law Office of Bryan Fagan to learn more about how an attorney from our office can help. We do not represent clients to make decisions for them. Rather, we work together with our clients. Our attorneys will educate you with the heart of a teacher. After it comes time to put that knowledge into practice we will advocate for you in the courtroom, as well.
Child custody issues where you can create your outcomes
Child custody issues tend to be incredibly emotional. You are dealing with a subject matter that is intensely personal to you. Your children are an extension of you. What you want is for them to be treated well and be adjusted to their home environment. We see that families like yours tend to focus on issues related to visitation, possession, and conservatorship rights during a divorce. This is completely understandable given that what families in your position are going through.
When it comes to visitation and possession, you and your family have a great deal of latitude when it comes to handling these topics together. Every family is unique. Having a plan for how to approach visitation means taking into consideration the specific needs of your family. Think about your child’s schools, extracurriculars, age, and developmental state. These are all important factors to consider for a growing family. The visitation schedule that your family chooses needs to be predictable. However, from there you can create any type of schedule that suits the needs of your family.
The main thing that holds families back when it comes to creating their visitation schedule is a lack of knowledge. The more creative you can be the better equipped your family is to handle this subject on your own. If you are having trouble coming up with a repossession schedule that suits the needs of your family please do not hesitate to contact the Law Office of Bryan Fagan. Our experienced attorneys know how to create possession schedules that are both creative and practical.
Child support does not need to be scary
One of the subjects in family law cases that many people become intimidated by is child support. Child support tends to be a topic that intimidates people because it has to do with money. Not only does it have to do with money, but it has to do with the money that is paid between parents. While this should come as no surprise it is still not an easy situation to deal with. Working out a simple agreement to pay child support can be challenging before you even get into the details.
Many people presume that child support must be paid only according to the Texas child support guidelines. These guidelines help families determine what percentage of the non-custodial parent’s net monthly resources must be paid in child support. For families who experience stress regarding subjects like child support it can be intimidating to base your child support payments on guideline statutes.
Instead of abiding by these guideline levels of support, you can instead opt to create child support obligations based on the individual needs of your family. Does your child have a disability or impairment that will not allow him to work after high school? Then extending child support beyond the 18th birthday would seem a reasonable decision. Or does your child have medical needs that are not covered by insurance? Then this is something you would need to determine within child support or regarding cash medical support.
Best interests of your child
Either way, the guideline levels of child support do not seem to be in the best interests of your child. When this comes up in your situation it is best to work with your co-parent to create orders that are molded in the image of your family. The more time and effort you can spend negotiating the better the result will be for your family. Deferring to a court for child support may not end up working out well for your son or daughter.
Holiday visitation with children
The holidays are supposed to be a time when families can get together to enjoy each other’s company. I’m sure that most of us have fond memories of time spent around the Christmas tree or at the Thanksgiving dinner table. These are times that should be some of the most meaningful for you and your family. Unfortunately, for families who have gone through divorce or child custody cases, this is not always the picture that you have.
Sometimes families going through difficult custody circumstances find themselves having to deal with less-than-ideal situations regarding visitation during the holidays. Families become understandably possessive about their time during special moments. As a result, it can be difficult to discuss these topics. When you find yourself in that type of position then being able to work on creative solutions is essential.
A family law case provides you with ample opportunity to consider your options and negotiate together. What many people do not understand when they begin a family law case is that there is a fair amount of downtime that can be spent negotiating. Using this time to your advantage means that you can think ahead to the holidays. Do not assume that you and your co-parent will be able to sort through these topics during the holidays themselves.
Under a standard possession order, Christmas vacation is split into two parts. Depending upon the distance between your home and that of your co-parent, you all may be able to create a visitation plan that is more suited to your needs. This depends upon the specific needs of your family and your ability to co-parent effectively.
Possession schedules for first responder parents
Let’s consider a situation involving you and your children. Suppose that you are a first responder. A police officer, firefighter, or paramedic. As a result, a standard possession order would not work well for your family. The hours that you work are not conducive to dividing time with your children in this way. As a result, you should want to create a parenting schedule that is better suited for the needs of your family.
Unfortunately, courts are not well situated to be able to deliver the results your family needs. One issue that you need to consider is that courts are incredibly conservative when it comes to coming up with solutions to your family law problems. This means that they will not go out of their way to create orders that are anything but standard. Judges will go off the Texas Family Code to the greatest extent possible. Additionally, they will not strain to create personalized orders for your family.
One of the major reasons for this is that a judge will not be able to learn as much about your family as they otherwise might want to. Even after a one- or two-day trial, a court will never learn as much as they need to about your family. Rather, you and your co-parent will be in the best position to create sensible orders for the needs of your family. If you are a first responder, then you will need orders that are both flexible and clear-cut. The flexibility comes into play because you do not work a standard number of hours.
The Law Office of Bryan Fagan can help
Working with one of the attorneys from the Law Office of Bryan Fagan on topics like a right of first refusal would make a great deal of sense. A right of first refusal allows you to allow your co-parent to take possession of your child when you are not able to during your period of possession. However, determining whether a right of first refusal is in the best interest of your child can take time. Working with one of our attorneys allows you to better determine the needs of your family and what to negotiate for in a custody case.
Issues regarding the division of property
Dividing up community property is also a situation where negotiation works best. There are numerous ways to divide property in a Texas divorce. There is no set way to go about doing this. However, being able to determine a just and right division of community property takes a fair bit of effort. Many families struggle to do so when they are unaware of their options.
Think about all your property being represented by dozens of poker chips. The negotiation process in a divorce is like pushing all those poker chips to the middle of the table. When you push those poker chips to the middle of the table it is up to you and your spouse on how to divide them between the two of you. There is a seemingly never-ending number of options available to you. This means that the more creative you can be the more possible solutions there are to solve these problems.
First, you need to be able to figure out whether the property is separately owned or part of the community estate. This requires you to do some thinking. The more effort you can put into this subject the better off you will be. Instead of deferring this job to your attorney and their staff, you should answer the question yourself. It will take some planning and effort, but the result will likely be more accurate than your attorney we’re the only person working on the assignment.
Cash versus retirement savings
One of the age-old questions in a divorce is whether to divide property to where you receive more retirement savings or cash. Your circumstances will determine whether one outcome is more prudent for you. First, think about your age. If you are younger, then perhaps receiving more cash in the divorce would be to your advantage. This would be true if you needed cash for a down payment on a home or a deposit on an apartment. Cash is also helpful if you have a debt to pay off from a prior home, student loan, or car.
On the other hand, receiving more of a retirement account would make sense if you were in your golden years. The closer you are to retirement the more important having a large nest egg tends to be. You would not have the benefit of many years to create growth on your nest egg as a younger person would. Therefore, you may want to push harder for this sizable chunk of your retirement savings.
Other factors like your income, earning potential, health, and retirement goals factor into this equation. The more fine-tuned your goals are the better you can create desirable outcomes in the future. Having to create goals out of thin air before a trial is not an ideal circumstance. The longer you can consider your goals before a divorce the better off you will be.
Final thoughts on creating your best-case scenario in a family law case
The attorneys with the Law Office of Bryan Fagan know that you are going through a difficult time in a family law case. There is no one path geared toward achieving success in a family law case. This means that you could create your destiny and achieve favorable results at the same time. You and your family are unique. Your court order should reflect this reality.
Do not lose sight of the difficulty and opportunity which comes with negotiations in a family law case. You and your opposing party are likely not on the best of terms. Otherwise, you likely would not be going through a family law case in the first place. As a result, expecting to have an extremely easy negotiation session would not be realistic. Rather, you should expect some degree of difficulty when it comes to negotiations.
With that said, there are ways to engage in productive negotiation sessions during a family law case. The attorneys with the Law Office of Bryan Fagan are uniquely suited to help you address the problems ongoing in your life. Our attorneys educate our clients with the heart of a teacher. From there, you are best to help clients make their own decisions that are geared towards long-term success.
Do not hesitate to contact our office with any questions. The Law Office of Bryan Fagan posts unique and informative content on the world of Texas family law each day of the week to our blog. Take the next step and contact our office to learn more about how we can help you and your family.
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.
