While no two divorces are mirror images of one another, every divorcing couple faces similar emotional and legal challenges. As a result, there are several tips that can help those in your situation find their way forward with their rights intact.
If you’re facing a divorce or are preparing to file, one of the most important first steps you can take is reaching out and consulting with an experienced Killeen divorce attorney.
Don’t Wait to Hire an Attorney
Too many people who are hit with divorce adopt a “wait and see” attitude that can end up leaving them at a legal disadvantage. The sooner you have a seasoned Killeen divorce attorney in your corner, the better protected your financial and parental rights will be and the better prepared you’ll be to effectively pursue divorce terms that support your and your children’s futures.
Uncertain about Divorce
It’s important to note that a divorce attorney can help you even if you are on the fence regarding divorce. Sharing your situation with a skilled divorce attorney can provide you with a better understanding of what divorce is likely to mean for you, which – in turn – can help you make a better-informed decision.
Consulting with a divorce attorney does not mean that you are committing to divorce. In fact, it could inspire you to save your marriage.
Filing First
If your spouse has already served you with divorce papers, consider it a clear signal that it’s time to meet with a knowledgeable Killeen divorce attorney. However, if you’ve come to the difficult decision that you need a divorce but are putting off filing papers and hiring an attorney, remember that there are advantages to getting the ball rolling.
Putting off the process will not make it any easier, and there are administrative advantages to being the first to file. These include having the time and access you need to gather the documentation needed to build the foundation of the financial component of your divorce.
While there can be advantages to filing first, your case will not be seriously affected if you do not file first. In other words, you shouldn’t rush your decision-making process simply to get a jump on your spouse when filing for divorce.
However, if you’ve already come to the conclusion that you need a divorce, it’s a good idea to get the ball rolling by discussing your case with a practiced Killeen divorce lawyer sooner rather than later.
The Terms of Your Divorce
In your divorce, you’ll need to address each of the following terms, and each can have a profound impact on your life moving forward:
Your child custody arrangements, which include parenting time and parental responsibilities – or decision-making authority
The division of your marital property, which must be fair in relation to the circumstances involved
Alimony, or spousal maintenance, which applies in those cases that leave one spouse unable to cover his or her reasonable needs while the other has the financial ability to help
Each of these terms is worthy of careful legal consideration, and a trusted divorce attorney can help you.
How Your Divorce Attorney Can Help
Your dedicated divorce attorney can help in all the following primary ways:
Helping you assess your unique situation and make legally sound decisions that work for you throughout the divorce process
Helping you prioritize your divorce goals, which can significantly improve your ability to negotiate divorce terms strategically
Moving negotiations between you and your divorcing spouse effectively and efficiently forward
Exhausting all available negotiation options before moving forward with a form of alternative dispute resolution, such as mediation, if necessary
Being well prepared to defend your financial and parental rights in court if proceeding to trial is determined to be your best option
Once you have a savvy Killeen divorce attorney backing you up, you can move forward with the confidence that comes from knowing you’re in capable legal hands.
Set up a Support Network
Divorce is many things, and while your focus is likely to be on your finances and your rights as a parent, it’s important to recognize that you’re also going through a serious emotional challenge. Few transitions in life are as jolting as divorce, and those with strong support systems in place tend to bounce back more easily.
Support can come from many sources. For example, your attorney is an excellent source of legal support, but you need more. Trusted family members and friends can provide you with an invaluable shoulder to lean on and are there to listen when you need to get your thoughts and feelings out. You can also turn to these sources for needed support and comfort:
A divorce support group can help you see your own divorce with a better perspective. You are not alone, and your shared experiences with group members can lead to strong connections that bolster your strength.
A counselor or clergy member can help you address any deeper emotional issues that may be holding you back.
Taking some “me time” may feel like a luxury you can’t afford as you march through the divorce process, but you may be surprised by how invigorating it can be. Taking care of yourself puts you in a better position to take care of business.
Don’t put family time with your kids on hold. Divorce is hard on everyone, and children often take it the hardest. Children crave structure and consistency, and tending to their needs can give you a break from focusing solely on your ongoing divorce concerns. Now is a great time to keep old family traditions alive and to create some new ones.
Your feelings are important, and you shouldn’t be shy about seeking the support you need.
Keep Your Job and Your Divorce Separate
If you’re facing a divorce, it’s almost certain to affect every aspect of your life, including your career. This said, it’s a good idea to make an effort to keep your divorce and your job separate when possible. Keep calls and correspondence regarding your divorce out of the workspace, and don’t share every ugly thought you have about your soon-to-be ex in the breakroom.
If you have a trusted co-worker with whom you open up about your personal life, he or she may be an important part of your support system. However, you should reserve your long talks with your friend for those times when you’re not on the job.
By drawing a clear line between your work and your personal life, you help to ensure that your divorce doesn’t negatively affect your ability to continue advancing your career.
Wait before Making Major Changes
You’re facing a divorce, and you may feel like you’re at a crossroads, but now isn’t the time to reinvent yourself or make any major changes.
For example, flinging yourself into a new relationship at this juncture is not likely to work out, and it could negatively affect your divorce terms. In Texas, you’re married until you are divorced, and the state does grant divorces based on adultery. Adultery can lead to less favorable terms for the spouse having an affair, so it may be wise to put a pause on dating, at least for now.
This advice extends to other areas of your life. Before you decide to pivot in your career, make a major move, alter your appearance, or make other drastic changes, give yourself time to adjust to your new circumstances. You’ve got a lot on your plate, and it's best to focus on keeping things running smoothly for yourself and your children and going through the divorce process.
Once your divorce is finalized and you’ve had time to get your bearings, there will be plenty of opportunities to make well-considered changes in your life. As mentioned, however, taking some time out for fun along the way should be a priority.
Focus on the Legal Matter at Hand
Your divorce can’t be finalized until you and your soon-to-be ex resolve the related terms. The better you understand each of these terms and how they relate to your life, the better prepared you’ll be to engage in efficient and meaningful negotiations that protect your rights.
Your Child Custody Arrangements
Texas courts are motivated by children’s best interests, and when it comes to child custody, this means maximizing the time the children spend with each parent – barring a compelling reason for ruling otherwise. In the end, most parents receive generous parenting time schedules, but one often becomes the primary custodial parent and provides the children’s primary residence.
If you and your spouse can negotiate a parenting time schedule that you both agree to, your options are nearly unlimited. If you need the court’s intervention, you can expect one of their standard schedules.
In addition to physical custody, there is also the matter of legal custody – or parental responsibilities to consider. This responsibility relates to making the following important decisions regarding your children’s upbringing:
Where they attend school
The medical care they receive
Their religious upbringing
Their participation in extracurricular activities
You and your ex can continue making these decisions together, but one of you may be granted the authority to break a tie if necessary. Another option is dividing these decisions between you according to category, or one of you can take on sole legal custody and make each of these decisions on your own.
Child Support
Child support is the state’s payment system that helps balance financial support for shared children between both parents. The following factors affect the child support calculation:
Each parent’s income and earning potential
Each parent’s age and overall health
The number of children covered
Any extraordinary needs any of the children have
The matter of health insurance for the children and who covers it
The amount of parenting time each parent receives
Ultimately, the parent with the higher income generally has the child support obligation – even when parenting time is shared equally.
Division of Marital Assets
The assets that you, your spouse, and you and your spouse together amass over the course of your marriage are considered marital property that must be divided between you fairly upon divorce. While fairly can mean equally, it doesn’t always work out that way. The following kinds of factors can affect the balance of property division in a Texas divorce:
The amount of separate property each spouse owns
The size of the marital estate
The length of the marriage
The contributions each spouse made to the marriage, including childcare and homemaking
Each spouse’s age and overall health
Whether fault, such as adultery or cruelty, played a role in the breakdown of the marriage
Your skilled Killeen divorce attorney will help you understand how the division of marital property is likely to play out in your case.
Alimony
Alimony is called spousal maintenance in Texas, and it refers to payments made by one ex to the other under highly specific circumstances. If the divorce leaves one spouse unable to cover his or her own reasonable expenses while the other has the financial ability to assist, alimony may be ordered. The longer the marriage, the more likely alimony is to play a role.
An Experienced Killeen Divorce Attorney Can Help
Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Killeen divorce attorney who appreciates the unique circumstances of your case and is well prepared to help you obtain divorce terms that support your rights and serve you and your children well.
We are on your side and here to help, so please don’t hesitate to contact us online or call us at (254) 781-4222 to schedule a FREE consultation and learn more about what we can do for you today.