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Mistakes to Avoid at the Outset of your Texas Divorce, Part Two

In part one of this series of blog posts from the Law Office of Bryan Fagan, PLLC, I discussed some tips to help avoid making common mistakes at the beginning of your divorce case. I would certainly advise you all to go back and read as I think the tips are straightforward and helpful for any person going through a divorce.

Today’s post will follow that line of thinking and discuss a more in depth mistake litigants often make within their divorce pleadings as well as interpersonal advice for working with your spouse even when that does not necessarily come easy.

Unless you need to, do not file a Temporary Restraining Order

There are circumstances where a Temporary Restraining Order is necessary for your protection and for that of your children. I will not debate you there. However, I have seen divorce cases that could have been resolved in short order- ones where the parties are in basic agreement on almost all of the issues of their case- and the filing of a TRO sunk any hopes of a quick resolution.

The reason for that is simple- people get up in arms when they are told that there is a court date pending and, by the way, in the meantime there is a list of about thirty items that the judge is barring you from doing. As if being sued for divorce were not bad enough your life is already been curtailed to some extent by a person you’ve never even met before. The reason isn’t always clear as to why the hearing has been called and until your spouse hires an attorney he or she will likely be worried, afraid and upset as to why he or she needs to be in court in less than two weeks.

If your spouse is harassing you, your children or taking money out of bank accounts to do stupid things then it is appropriate to ask a court to tell him or her to stop and then to inform him or her that a court date is upcoming wherein he or she will have to explain their actions to a judge. If bills need to be paid and the impression is that your spouse will stop doing so go ahead and request that the court get that requirement in writing so the lights don’t turn off or the mortgage doesn’t fall behind.

In the event that you and your spouse are able to work together to see to it that your lives remain as “normal” as possible during the divorce then there probably is no need to set your case for a temporary orders hearing and risk the creation of conflict where there ought not to be any. Some conflict is inherent in a divorce but there is no need to fan the flames.

Do not let your attorney file your divorce papers without reviewing them first

Even if you don’t know anything about the law ask your attorney to walk you through the Original Petition for Divorce and any other paperwork that will be filed to initiate your divorce. Some counties require that standing orders go into place or that temporary orders be included in your Petition. That’s unavoidable, but filing an unnecessary temporary restraining order or pleading for spousal support when that is not what you want to do can eliminate miscommunications.

I have received Divorce Petitions that have seemingly accused our client of infidelity, the wasting of community income and other offenses that could have negative effects on the client’s case. After telling our client about that, he or she will invariably speak to their spouse only to find out that their spouse’s attorney did not tell them that the Petition was being filed. Lawyers only know as much as their clients tell them and vice versa. Communicate well with your attorney, review their work and avoid miscommunication with your spouse.

Speak for yourself when the circumstances allow it

I recently had a potential client come into the Law Office of Bryan Fagan, PLLC for a consultation. He came in with a woman who I assumed to be a relative or friend. I was a little surprised to learn that it was in fact his wife. They came in together to discuss an amicable divorce. I told them that this was possible if they agreed on the issues that would arise in their case. They did an honest evaluation and determined that while they knew they did not want their divorce to be a fight that they had not done the legwork necessary to learn what sort of resolutions they wanted to come to.

I advised them to take their child to a relative’s house and to sit down together, with the television off, and talk about their finances, their home, their child and any other issue that may arise in their case. If they could talk through the issues and arrive at comprised solutions then their divorce case would be relatively painless. If they found that they had differing opinions on particular subjects that wouldn’t be the worst thing in the world. Each could hire individual attorneys and use their lawyers to communicate essential messages if need be.

The ability to communicate with your spouse during the divorce is an invaluable tool to possess. The risks of miscommunication or simply the failure to communicate with promptness can harm negotiations and generally upset the parties involved. Talk with your spouse when and where you are able and use your attorneys to do so only when necessary. This will save you both money and will go a long way to help ensure the proper message is sent.

Divorce isn’t easy, but the Law Office of Bryan Fagan, PLLC is here to help

For a free of charge consultation with a licensed family lawattorney please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. Our office works with and on behalf of clients across southeast Texas and we would be honored to do the same for you and your family.


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Other Articles you may be interested in:

  1. Mistakes to Avoid at the Outset of your Texas Divorce
  2. Common mistakes in Texas divorces and how to avoid them
  3. 6 Mistakes that can Destroy Your Texas Divorce Case
  4. Mistakes that men make in Texas Divorces
  5. Taxes and Divorce: How to avoid mistakes when filing during a divorce
  6. How Social Media Can Hurt You in Divorce
  7. Getting Ready for a Hearing On Temporary Custody Orders
  8. Can I sue my spouse's mistress in Texas?
  9. My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven't
  10. When is, Cheating Considered Adultery in a Texas Divorce?
  11. Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
  12. Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
  13. 6 things You Need to Know Before You File for Divorce in Texas

Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.


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