Are you preparing a secret divorce but are not sure how to move forward? One of the reasons why people hesitate to begin their divorce relates to concerns over the reaction of their spouse. If you are nervous about a divorce and don’t quite know how to proceed then today’s blog post from the Law Office of Bryan Fagan is for you. Our attorneys can walk you through what a divorce will mean to you and your case.
It is difficult to consider the long-term implications of a divorce. Your mind may be stuck worrying about the short-term impacts of your divorce. All the while, issues like child custody and property division are long-term concerns that need you to focus your attention on them when you are concerned about the impacts of a divorce in the immediate sense that can cause you to take your eye off the ball. The last thing you want to experience is regret about not having your mind focused on the issues that matter.
This is where the attorneys with the Law Office of Bryan Fagan come into play. Our attorneys know how to work alongside you and your family. Our attorneys put the best interests of our clients at the top of our priority list. That means we care more about you and your family than anyone else. Combine that attitude with having the heart of a teacher and you have a winning combination. Contact us today for a free of charge consultation.
Preparing for a divorce requires careful planning
A wise person once said: you can wander into a divorce, but you cannot wander out of one. This means that it is possible for you not to prepare and inadvertently find yourself in a divorce case. However, the chances of you successfully wandering your way out of a divorce are slim to none. This is especially true when you consider that divorce cases are won and lost based on how much planning you put into the process. Simply put, you must be able to successfully plan your divorce to achieve any kind of success.
You may be thinking that, of course, this is true. Why wouldn’t someone plan their divorce? Well, we at the Law Office of Bryan Fagan are here to tell you that it is not uncommon to find yourself in a divorce that you did not necessarily prepare they’re adequately for. Many people, for one reason or another, will find themselves in a difficult divorce that they were not able to prepare for.
The net result is that you are left having to take a major exam that you did not study for. Meanwhile, you are being compared to your spouse. If she prepares diligently for the secret divorce, then it is difficult to imagine a scenario where your outcomes are better than hers. This is true even if the facts of your case favor you.
Consider working with an experienced family law attorney in your divorce. That attorney does not tell you what to do in your case. Rather, the attorney will simply provide you with information and guide you throughout the process. This can help alleviate concerns and place you in a position to achieve success.
Knowing your rights can make a difference in protecting your interests
Understanding the Texas family code is a critical component of your divorce. The Texas family code contains laws and statutes regarding family law in Texas. These are the laws passed by the state legislature every other year. Laws regarding child custody, child support, visitation, and property division are all included. What this means for your family is that so much of your case will be determined by understanding what these laws have to say.
At the same time, there is a potential for a court to concern itself with matters related to Texas appellate case law. For example, if you and your spouse have differing views on a particular subject the judge may ask your attorneys to brief the judge on that area of the law. Most likely, this means your attorney will have to perform case law research. That research will be performed in hopes of supporting your position. Understanding how to read case law and apply it to the facts of your case is a critical role for attorneys to play.
Ultimately, understanding case law and the Texas family code is only half the battle. From there, you must be able to apply the law to your case. An experienced family law attorney with the Law Office of Bryan Fagan is especially adept at doing this. Our attorneys have a great deal of experience advocating for clients in front of Texas family court judges. On top of that, our attorneys have a great desire to advocate for our clients and their families.
Texas is a community property state
If you are trying to prepare for a divorce in secret, it is worthwhile to know how property issues will be handled. Texas is a community property state when it comes to dividing marital assets. This means that our state adheres to principles related to equitable distribution of property. Income earned and property acquired during the marriage are typically treated as community property. This does not distinguish between your property or the property of your spouse. Rather, the property in question is treated as both of your property, equally owned.
For some people going through a divorce, this can come as a great surprise. Most of us would assume that property earned with our income would belong to us after the divorce. However, Texas treats property acquired during the marriage as community-owned. It doesn’t matter if you work outside the house or not. The income and property belong just as much to the non-working spouse as it does to the spouse who works outside the house.
Does this change your perspective as you begin your divorce case? It very well may. Understanding community property law means considering the property that you own and that which your spouse owns. Many people have incorrect assumptions about property in Texas. Going into a divorce with this mindset is a major mistake. Rather, it is much more advisable to prepare your case thoroughly. An experienced family law attorney with the Law Office of Bryan Fagan can help you a tremendous amount in this regard.
Take an inventory of all assets and debts in preparing your secret divorce
Performing a basic inventory of the property that you own at the beginning of the divorce is critical to your success. An inventory does not have to be done in a complex way. Rather, a simple inventory done using a yellow legal pad and a pen will suffice. Basically, you and your spouse both likely own property and have a debt to your name. An inventory allows you to understand what property and debts are at stake in this divorce. Getting it down and writing is the first step in the process.
For instance, you may know in your mind the details of your property and debt. However, it is an entirely different subject altogether when you consider that there may be debt and property in existence that you have not considered for a long time. It is certainly helpful for you to be able to have specific information about each debt owed and each property owned. This way you can make negotiation on these subjects that much more profitable and worthwhile.
The benefit of an inventory for your property can be illustrated by talking about something as simple as your streaming services. Think about all the different subscriptions that you have to different television channels and services. If I asked you to list all of them out on a piece of paper right now, would you be able to? Some of you who have only one or two can probably perform this job. However, those of you who have a dozen different subscriptions would likely struggle to perform this task.
Keeping track of your evidence in a secret divorce
When you have a vast amount of property and debt to your name then it is crucial for you to be able to keep track of everything. Performing a basic inventory for your property is not the most fun in the world. However, it can make a tremendous difference to you and your family when you can complete this simple task. If you have questions about doing so please contact the Law Office of Bryan Fagan today.
Start gathering copies of financial documents
Sometimes, bank statements, quarterly reports and tax documents are necessary in your divorce. This could be true to divide a piece of community property. Or you may need evidence to show that a particular item is part of your separate estate rather than the community. Whatever your situation is collecting evidence is important. Many people struggle in relation to building a case. Remember that you must be able to present evidence to a court to prove your point and make an argument. With that said, the way that you build the successful case is to collect evidence.
Some types of evidence are available digitally these days. This means that you can investigate bank accounts and other financial accounts online and obtain evidence that way. If a document can easily be accessed by logging into a website that’s still does not mean that you shouldn’t collect a hard copy as soon as you are able to. Suppose that your spouse locks you out of an account or changes the password. Sure, you can address that with the court and bring it to their attention. However, it can take weeks or even months to force your spouse to do this.
In the meantime, that evidence may be lost to you forever. Instead of leaving it to chance why not contact your financial planner and begin to collect these documents sooner rather than later. Things that can provide you with a real advantage in your divorce. The evidence you collect can be used to help you make a case and structure your argument better in time for a hearing or trial.
Make sure to store documents in a safe and secure place
Once you have organized yourself and obtained the documents that you need it is important to figure out how you are going to store them. Keeping them somewhere in your house may make sense. However, bear in mind that you are not guaranteed of always having access to the home. Typically, in a divorce one spouse is asked to leave the marital residence. Were that to happen to you would not want your documents stored in a file cabinet at home.
Consider reaching out to a trusted friend or relative who can hang on to the documents for you. That way you can be better assured of having those documents available to you when you need them. Many people who go through a divorce get frustrated with themselves over losing access to critical information. Just because you are confident in your case does not mean that that translates into a winning argument in court. You must be able to argue from strong evidence. Your word is not as strong as you think that it might be. Therefore, having documentary evidence is for the best.
Do not move large sums of money out of joint accounts
Another mistake that people tend to make in a divorce relates to making big financial decisions. There is something about a divorce that causes people to decide to make important decisions. I think it has to do with the gravity of the divorce case. People are emboldened to make decisions for themselves that are important. Once you make the big decision to get divorced every other decision you make seems small by comparison.
There are multiple reasons why the attorneys with the Law Office of Bryan Fagan would argue against making large financial decisions during a secret divorce. For one, people who are stressed out do not tend to make good decisions for themselves. For this reason alone, it is advisable to wait to make important financial decisions until your case is over. Then you can be better equipped to make these sorts of life-altering decisions. Let your mind clear and go from there. You will make better choices for yourself and your family.
Additionally, there are likely temporary orders in place that permit you to spend money only for necessities and legal expenses. The purpose of this is to not drain your community property estate. Remember that you and your spouse are negotiating over the division of your community property. Altering the community property estate significantly can seriously impact those negotiations. It is best to leave it alone for now and make decisions at the end of your case when you know exactly where your money is headed.
Planning a budget in a secret divorce
Another financial step that you can take when secretly preparing for a divorce is to create a budget for yourself. Now that you are getting a divorce it is time to start thinking about your budget on your own. What this looks like is up for interpretation. If nothing else, it is important to begin to think about your finances as a single person. What sort of income do you have? If you have not been working for a long time you can start to look for employment now.
Anticipate what your bills are going to be. A major expense that many people take on after a divorce relates to their marital residence. If you are not ready to take on a mortgage payment, then do not negotiate for your house in the divorce. This is something that can set you back a long way financially. Even if your motivation to stay in the family house is for the stability of your children, do not make this decision. Setting yourself back financially because of a mortgage payment you cannot afford is ill-advised.
Consult with an experienced family law attorney when preparing a secret divorce
Divorce cases are stressful. Nobody would argue against this point. There are so many factors to consider in your case that it is no wonder you may be secretly planning a divorce. Whatever your motivation is for secretly planning the divorce you have options to consider. One of those options is to discreetly meet with an experienced family law attorney at the Law Office of Bryan Fagan. Our attorneys encounter circumstances all the time that involve families just like yours. No matter why you are secretly planning a divorce our attorneys are here for you.
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. We look forward to the opportunity to serve you and your family in the 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.
