There are some stereotypes that exist in the field of family law and divorce that involve women actually being at an advantage when it comes to how cases are decided. It is commonly thought that the law, and as a result judges, are biased towards mothers in awarding possession time and rights/duties to a child. Fathers often feel like they have been shortchanged in this regard because of an assumption that mothers are the better caretakers of children.
The reality is that women are oftentimes faced with tough circumstances as they emerge from divorces in Texas. On the whole women earn less income than do men and as a result, are oftentimes left having to make due on substantially less income than they were accustomed to during their marriage. This means that health insurance, their savings, and other important financial indicators take a hit as women are forced to drop non-essential items and dip into their savings to pay for aspects of their lives post-divorce.
If you are a woman who has stayed at home with your children during your marriage then you may be suffering now after you are divorced because you chose not to engage in the workforce and are having to struggle to reintegrate yourself while still maintaining your role as the primary caretaker of your child. This is a huge burden for any person to take on, not to mention one who may be bruised and battered (metaphorically speaking) after a tough divorce.
Still, other women hesitate to begin a divorce at all because of financial concerns. The writing is on the wall and you may stay in a failing marriage because you are concerned that you and your children may not be able to survive on your own once the divorce is finalized. This is a very tough position to be in but is not uncommon.
How women can best manage their divorce cases from a financial perspective is the topic of today’s blog post from the Law Office of Bryan Fagan, PLLC. We will walk you through the different aspects of your case and tell you how you can expect each to impact you now and in the future once your divorce has been completed.
Attorneys and Mediators and their impact on your divorce
Your attorney will be the most important source of information on your case and is equipped to provide you with advice from a legal perspective. However, most attorneys are not equipped to provide detailed financial and/or tax advice. Your attorney can have general discussions with you on these topics but do not expect an attorney (no matter how experienced he or she is) to be able to provide tax advice or help you with structuring a post-divorce budget.
A mediator is a third-party attorney (usually one who practices in family law) who is able to intervene into your divorce in order to help you and your spouse resolve your disputes without having to go to a trial. Their utility when it comes to providing financial advice is limited in that they are not able to give you formal advice on any subject.
That being said, a mediator is a great tool for you (and your spouse) to utilize in regard to saving money. Temporary orders hearings and trials cost more money (a lot more money) than attending mediation).
Mediation is a flat fee for either a half-day or full-day session. Court appearances can last a few days and you do not know exactly how much your bill will be from your attorney in order to attend court. You can attend mediation as a means of settling your case and avoiding the unknown and oftentimes high fees associated with going to court. In the short term, I can think of no better and more practical method for saving money.
Going to court means time- and money- will be spent
Most divorces settle outside of court. Many do so primarily because the cost of attending a trial or temporary orders hearing just doesn’t make sense. If you and your spouse do not have a wealth of assets or children to argue about the amount of money you spend on a trial or temporary orders hearing could dwarf the actual issues that are being argued on. It just doesn’t make sense to push this sort of case all the way to the courtroom.
Every once in awhile I work with a client who is of the opinion that justice demands that we hold an opposing party accountable for their bad actions. They, rightfully so, believe that their having been treated badly by their ex-spouse is something that demands that their spouse be held responsible in some form or fashion. In their eyes, it is the judge who is in the best position to hand out a bit of fairness and to cut their husband down to size. After all- the guy is no good- how could anyone with a set of functioning eyes not see that?
Ultimately a divorce is not about what is right or fair. The facts in a divorce can be pushed to the background in favor of the reality of a case. Money is likely going to be tight. You and your spouse may have just as much debt to fight over as property and your spouse probably doesn’t want to push that hard to become the primary caretaker of your children. What you are left with is little to fight about and even less of a reason to do so.
My point is this: sometimes you need to be able to live to fight another day and save time and money for the people in your life that really matter to you. You likely will not get the sense of satisfaction that you desire by dragging out a divorce any longer than it needs to. That’s not to say that some divorces don’t need to go longer than others. It’s just that most divorces do not wind up resulting in you finding the sense of satisfaction that you may think you are going to feel when it is all said and done.
Interested in learning more about the financial aspects of a divorce for women in Texas? Read with us tomorrow
We will pick up where we left off today in tomorrow’s blog post from the attorneys with the Law Office of Bryan Fagan, PLLC by discussing the financial consequences of divorce for women in Texas in further detail. How to find a place to live after your divorce, how debt is treated by creditors after your divorce, as well as useful information on child support, is among those subjects that we will cover.
In the meantime, if you have any questions regarding the information that we have covered today please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We take a great deal of pride in working with clients across the state of Texas in their family law cases and strive to do the best job possible for each of our clients.
To schedule a free of charge consultation with one of our licensed family law attorneys simply give us a call at our office. We can schedule a consultation six days a week and will be honored to meet with you and to answer your questions.
Other Articles you may be interested in:
- Can I get child support and custody of my kids in Texas if we were never married?
- What do I do if I have overpaid child support in Texas?
- Child Custody Basics in Texas
- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
- Why Ignoring Child Support Obligations is a Bad Idea in Texas
- Texas Child Support – Trust and Annuities
- Special Needs Children in Texas Child Support Cases
- How to get above guideline child support.
Law Office of Bryan Fagan, PLLC | Spring, Texas Family 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 SpringFamily Lawyers right away to protect your rights.
Our Familylawyers 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 Family 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.