Are you considering a divorce? If so then attempting to avoid mistakes is one of the most important aspects of your case. Many people attempting to work through a divorce find that their preparation for divorce is insufficient. There are just so many aspects to a case that there is only so much you can do to prepare. Think about all the preparations you make before going on a vacation. All the planning, checking of maps, and everything else does not prepare you for flat tires and other unforeseen problems. In short, avoiding certain mistakes is nearly impossible to do.
However, certain mistakes can be avoided. These are mistakes that may not catch your eye at the beginning of a case but almost certainly will impact your situation by the end. What’s more, these are mistakes that can cost a significant amount of money. More than money, time is a major factor when considering these situations. The better you are able at avoiding these mistakes the less likely you are to struggle with time and money problems in the divorce.
In today’s blog post from the Law Office of Bryan Fagan, we are going to cover tips on preventing expensive errors in a divorce case. If you have any questions about the material contained in this blog post please do not hesitate to contact the Law Office of Bryan Fagan.
Early consultations with a divorce attorney
Reaching out to an experienced family law attorney before your divorce even begins is the best way to avoid expensive mistakes. Proceeding into the case without any knowledge of what you are doing, or your goals is a mistake in and of itself. Along the way, it is certainly possible that you may lose out on opportunities to save time and money. Mistakes such as filing incorrect documents, leaving important information out of documents, and failing to take advantage of negotiation opportunities all lengthen your divorce and potentially make it more expensive.
Another benefit to speaking with an attorney is that you can develop more comfort when it comes to interacting with lawyers. Many people have simply never had an occasion to talk to a lawyer. As a result, the first few interactions can be uncomfortable. In a situation like that you may not know how to ask questions or understand the benefit of finding out more options in your case. However, once you learn more about attorneys and the role they play in a divorce you can have a better opportunity to avoid mistakes in the case.
For example, the attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week. These consultations offer an opportunity for you to gain knowledge and perspective on your case. Determining important goals and a path for achieving those goals is an overlooked benefit of divorce consultations. Reach out to our office today to learn more about your case and the possibilities for your life after divorce.
Comprehensive financial assessment
Going into a divorce case without an understanding of your finances is a tremendous mistake. The reality is that your finances provide you with an overview of what to expect in your case and what your goals need to be. From the start, your finances tell you what your budget is for hiring an attorney. The decision of whether to hire an attorney is one where you need to consider the goals of your case and what is at stake. For many people, the benefit of hiring an attorney may be relatively modest. On the other hand, your situation may make hiring an attorney essential.
Gaining an understanding of your immediate financial picture is sensible. First, look at the situation from the perspective of your checking and savings accounts. How much money do you have in savings? What are your budgetary needs on a month-to-month basis? Answering these questions will inform you of where your spending needs to go in the short term. Having disposable money means being able to pay for an attorney sooner rather than later. If not, you would either need to save money for an attorney or pay for a lawyer on credit.
Next, think about your financial picture from the perspective of your retirement savings and investments. These are key financial topics that impact the trajectory of your life. For instance, of your retirement savings how much was accumulated during your marriage? Answering this question will tell you the portion of your retirement that is subject to division in the divorce. Important questions about financial planning may be answered by performing a comprehensive financial assessment. Remember that in a divorce case, your finances are negotiated between you and your spouse from the very beginning.
Open communication with your spouse
Nobody is going to try to argue with you that negotiation with your spouse during your divorce is going to be difficult. After all, this is the person that you’ve experienced disagreements with in the past. However, having the maturity to set aside your differences in hopes of arriving at mutually agreeable solutions is one of the best stances to take in the divorce. Again, these are extremely fact-specific situations. However, being able to avoid mistakes in a divorce means finding common ground with your spouse.
The last thing in the world you might want to think about at this moment is talking to your spouse. The divorce may have been filed in large part to avoid any situations involving the need to converse with him or her. Keep in mind that the more you can work with your spouse on the issues of your divorce the better off you will be. Number one, nobody knows your situation better than you and your spouse. This is true even if the two of you are not seeing eye to eye now. Think about the relationship you share especially regarding your children. Allowing another person to come in between that relationship means losing control over the case and potentially over the well-being of your children.
Interact with your spouse at the beginning of a case to determine how he or she prefers to be communicated with. This may mean sending more emails than making phone calls. However, finding a middle ground with your spouse when it comes to communication is very important. Working through these issues directly with your spouse means saving money for the case itself. Going to court costs money. Additionally, going to court also costs time. The more time spent in the courtroom means your divorce takes longer and costs more money.
Setting realistic goals
Involvement in a divorce means thinking through different scenarios involved with your case. Many people in your position have a hard time adjusting their goals as the case proceeds. These folks will come up with different goals from the outset of their case and then struggle when it comes to adjusting those goals as time goes on. Your priorities may change throughout the case. Looking at your goals as your priorities change means being flexible about what you want to achieve.
At its most basic level, goal setting means finding out what is most important to you. Certain goals you have may be more important. These are the types of goals that you would have a hard time backing off on or adjusting. Sometimes there is very little middle ground when it comes to certain goals in a case. These would be the type of situations that involve your children such as with primary conservatorship.
Other goals in your divorce may have a plentiful middle ground. For instance, goals you have with child support or other subjects may allow for easier negotiation. Finding a midpoint between two dollar figures is reasonable. Whereas A midpoint for primary conservatorship is not possible. Understanding which goals can be negotiated and which goals cannot lead to a simpler case that is more productive.
Controlling your emotions
Undoubtedly, a divorce is an emotional situation. Nobody would argue that you are emotions won’t be running high during the divorce case. There is so much at issue in a case that spouses tend to lose control of themselves easier than they may in other situations. What would normally not bother you may be more disruptive than you would have thought. Sometimes the emotions in a divorce become more challenging than you would have given them credit for.
In any event, a major mistake that some people make in a divorce is to allow their emotions to get the best of them. This looks like two people who have different goals but are not able to work together to get past their differences. As a result, you lose out on an opportunity to solve meaningful problems in a way that is most beneficial to everyone involved. Negotiating a divorce also means decreasing stress in helping you to keep a clear head about your circumstances.
Your emotions are one of the key parts of the case. Even though the word “emotions” does not come up in your final decree of divorce it still shapes the document in large part. Having control of your emotions during the divorce means being able to look at your situation objectively. An objective focus on these issues creates a circumstance where you and your spouse may set aside your differences and focus on what is best for everyone. This may not be satisfying at the time but in the long run, it will serve everyone better.
Understand the legal process
Being aware of your case and your goals for the case is only half of the battle in a divorce. Additionally, you need to be aware of the legal landscape that you are facing. Understanding the documents to be filed in a divorce, the content of those documents, and the legal ramifications of each is critical. Many people began to divorce without a solid understanding of the legal process. Either you have never been involved in a divorce or simply do not have much knowledge of the court system.
This creates many opportunities for mistakes. Not understanding where you are in the divorce timeline can lead you to negotiate differently. Knowing how far into the negotiating process you are will inform you better regarding the goals you have set for yourself. Do not become discouraged about your goals when you have only been negotiating for a few weeks. Rather, it is prudent to continue negotiations while you work towards an end to your case.
It is extremely human to be frustrated with something that you do not understand. I can think back to subjects in school that were frustrating for me at first when I did not understand them fully. However, after studying diligently I became more comfortable with the subject matter. From there, the subject matter became less of a mystery and more straightforward. Divorce is not dissimilar from this. The more you understand about the case the more comfort you gain. From there, you are better equipped to negotiate and advocate for your rights.
Explore collaborative law
Collaboration and divorce are two words that do not usually go together. We usually think about divorce as a combative rather than a collaborative event. However, modern techniques aimed at helping spouses work together to solve their problems exist. One of those methods is known as collaborative law. This involves spouses using available resources to help them manage the negotiation process.
Rather than seeking out reasons to become frustrated with one another, a collaborative law approach seeks to establish common ground. Attorneys, mental health counselors, and therapists are frequently utilized in collaborative law environments. You and your attorney turn to these professionals rather than the courts. Lawsuits are still filed, and hearings and trials are maintained as options. However, you and your spouse look to collaboration rather than litigation as your first option.
Contact the Law Office of Bryan Fagan today for additional information on collaborative law solutions. Collaborative law may not be right for you considering the circumstances of your case. Sometimes litigation becomes necessary. However, in many situations collaborative law remains an untapped resource. Finding out more about collaborative law options for your situation is no more difficult than contacting the Law Office of Bryan Fagan for a free-of-charge consultation.
Document everything
in a divorce case, keeping proper documentation is essential. This is true for several reasons. For one, keeping proper documentation means being able to keep track of the events of your case. It happens so frequently that divorce cases hinge on remembering important events and circumstances. It would be a shame if you missed out on an opportunity to settle your case because you misremembered something. Rather, keeping proper documentation means allowing yourself an opportunity to take advantage of any common ground you and your spouse have.
Additionally, having documentation means being able to assist your spouse with understanding where you are coming from in various areas. One of the most frustrating parts of a divorce is not understanding the arguments of the other person. It is almost like the two of you may be talking about the same subject with entirely different facts. This comes up quite often when it comes to negotiating through financial issues. However, if you can provide documentation to support your arguments that is a much better position for everyone. You and your spouse may not agree on everything but at the very least you can agree on the facts of your case.
Updating your goals
As we talked about earlier in today’s blog post, the goals you have for your case may need to be updated over time. Situations and circumstances change. You need to be able to change along with them. Spouses who struggle with this tend to find themselves in longer and more costly divorces. However, if you can be realistic with your goals that helps create a situation where you can avoid many mistakes in a divorce.
As you learn more about the case your goals may change. Being able to sit down with your attorney and adjust the goals that you have created it’s a tremendous advantage for you to have. Rather than spending a great deal of time fighting for goals that may not be achievable, you can submit to the updated goals that you have created for yourself. At the same time, walking alongside an experienced family law attorney helps you to understand your case better. The attorney can guide you based on their years of experience in representing clients.
Thank you for choosing to spend part of your day today with the Law Office of Bryan Fagan. We hope that the information in this blog post has been informative and entertaining. We post content each day of the week in hopes of assisting our community with learning more about Texas family law.
Considering a divorce? Contact the Law Office of Bryan Fagan today
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.
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.
