Divorce is a journey, and while you almost certainly want to put yours behind you as soon as you can, protecting your parental and financial rights throughout the process is key. Many people in your position don’t recognize the important role that their own conduct can play in the overall outcome, and giving the matter some thought upfront can make a serious difference for you.
One of the most important steps that anyone who is considering or facing a divorce can take, however, is to seek the skilled legal guidance of an experienced Round Rock divorce attorney early on.
Make Civility Your Goal
If you’re going through a divorce, there’s a very good chance that you and your soon-to-be ex aren’t getting along famously, and that’s ok. You and your divorcing spouse don’t have to be chummy in order to keep your divorce civil, and keeping things civil can help to ensure that your case doesn’t go off the rails. in fact, a civil divorce comes with all the following perks:
Your divorce is far less likely to end up in court.
You’re far less likely to be distracted by the little things that tend to drag divorces out.
You honor your children by making the divorce process less contentious and, therefore, less emotionally charged.
You make things easier on yourself by turning down the heat on your case, which can also afford you a greater perspective.
Your efforts could also inspire your spouse to clean up their own act, which can be immensely beneficial. When you work together – instead of against one another – you can expect far better results and far less acrimony, which is a win-win.
Even if you and your divorcing spouse have to limit your communications to electronic means as a way of keeping the peace, your mutual efforts are almost certain to pay off.
Be Mindful When It Comes to Social Media
You’re going through a divorce, which means you’re under a considerable amount of stress, and many of us are in the habit of turning to social media when times get tough. It’s important, however, to keep in mind that nothing you post on social media is – in reality – private, and the information you share with everyone out there could directly affect your divorce.
Even if your posts don’t play a role in how your divorce terms are resolved, they help set the tone of your case, and if you’re ranting on social media, it’s likely to be reflected in how your case proceeds.
This isn’t to say that you shouldn’t seek the support you need from your trusted friends and family members, which is important to your overall well-being and can play an important role in how well you bear up under the pressure of divorce.
Instead of taking to social media to vent, it’s a far better idea to discuss your concerns with those who know you well and genuinely have your best interests at heart. Social media will be waiting for you when your divorce is finalized.
Stay Focused
Divorce is generally more of a marathon than a sprint, and pacing yourself is advised. The best approach is to determine your divorce priorities, which your focused divorce attorney will help you identify, and allow these to guide your negotiations.
When you set your sights on winning every point, you dilute your leverage and are likely to make your divorce more chaotic than you intend. Focusing on what matters most to you, on the other hand, can provide you with the peace of mind you’re looking for and can help you see your way forward.
Understand the Court’s Perspective
Your divorce will come down to resolving the applicable term, and if you and your divorcing spouse are able to find a middle ground on each, you won’t require the court’s intervention.
Understanding the court’s perspective when it comes to the terms of your divorce can provide you with a better handle on how they would likely rule in your case, which can – in turn – make your negotiations with your soon-to-be ex more productive.
The Division of Marital Property
Texas is a community property state, which means that all the following are marital assets that belong to both of you:
The assets and property that you acquired while you were married
The assets and property that your spouse acquired while you were married
The assets and property that you and your spouse acquired together over the course of your marriage
If you came to own it while you were married, the asset is almost certainly marital – with very few exceptions that include:
Presents that either of you gave the other
Gifts that either of you received in your name alone
Inheritances that were bequeathed to either of you alone
The compensation for pain and suffering that either of you received in a personal injury claim that was initiated during the marriage
While marital property belongs to both of you, it won’t necessarily be divided between you evenly in divorce. Instead, Texas, requires a just and right division, which means fair in relation to the circumstances involved.
Separate Property
The State of Texas begins with the presumption that all assets are marital assets, and when a spouse claims a separate asset, they are called upon to prove its separate nature. Those assets that you or your spouse brought into the marriage with you – and that you kept separate during your marriage – are considered the separate property of the original owner.
Any commingling of marital and separate assets, however, can weaken the dividing line between them. And any increase in a separate asset’s value over the course of the marriage is likely to be considered marital.
The Factors that Help Determine a Just and Right Division of Property
The factors that help Texas courts determine the just and right division of marital property include all the following:
The length of the marriage
The size of the marital estate
The amount of separate property each spouse has
The contributions each spouse made to the marital estate, including in terms of childcare and homemaking
Whether either spouse engaged in fraud on the community, which refers to artificially diminishing marital assets in the buildup to divorce.
Whether either spouse engaged in a form of fault that affected the marital estate, such as by spending marital assets on an adulterous affair
The tax implications of the proposed property division
The better you understand how Texas courts address property division, the better prepared you’ll be to enter productive negotiations with your divorcing spouse, and a practiced divorce attorney can help you with that.
Child Custody Arrangements
When children are involved, Texas courts focus on their best interests, and they begin with the presumption that children benefit from maintaining close relationships with both parents. This means that you and your children’s other parent can each expect ample parenting time.
However, one of you may become the primary custodial parent, which means having the children for the majority of their overnight visits and deciding where their primary residence is located within the geographical parameters set by the court.
Best Interest Factors
Texas courts turn to factors like the following when making child custody determinations:
Each child’s age, development stage, and overall mental and physical health
Each child's physical, educational, and emotional needs, including any special needs
Each parent’s ability and commitment to effectively address each of the children’s needs
The level of involvement each parent has had in the children’s lives to date
The strength of the relationship between each parent and the children
Each parent’s ability to support the other’s relationship with the children and to co-parent together effectively
Whether domestic violence, child abuse, or child negligence is a concern in the case at hand
The preferences of any children deemed mature enough to voice them
Legal Custody
Legal custody – or decision-making authority – will also be addressed, and it focuses on important parenting decisions like the following:
The medical care your children receive
The schooling your children receive
The extracurriculars and travel your children participate in
The religious education your children receive
Parents often share legal custody, which can take any of the following forms:
Making these decisions together – the way you did when you were married
Making these decisions together, but one of you having final authority in the event of a tie
Dividing these decisions between you according to topic
Under certain circumstances, one parent can be awarded sole legal custody, which means they are called upon to make each of these decisions independently. Consult with a savvy divorce attorney to learn how to portray yourself as a parent in the best possible light.
Child Support
You and your ex will continue to share responsibility for supporting your children financially post-divorce, and one of you is very likely to have a child support obligation.
While the State of Texas considers a wide range of factors when determining child support, the bottom line is that the parent with the higher income is very likely to make child support payments to the other, and this is true even when parenting time is shared equally.
Alimony
Alimony is called spousal maintenance in Texas, and it applies only under limited circumstances. Generally, the marriage must have lasted at least 10 years before alimony becomes a consideration, and the following must apply before this form of maintenance will be ordered:
Divorce leaves the spouse seeking alimony without the financial resources to cover their own reasonable needs.
The other spouse has the financial ability to help.
The idea behind alimony is to allow the recipient the financial boost they need to become more self-sufficient through further education or job training.
If Your Case Goes to Court
The way you conduct yourself throughout your divorce could help you keep your case out of court. If, however, you and your divorcing spouse are unable to negotiate mutually acceptable terms after exhausting all the options available to you, including mediation, your case may be headed to court. And decorum in court is a must.
The judge in your case expects you to respect all the court’s rules, which include the following:
Treating everyone in the courtroom with respect, including the judge, the courtroom staff, and your divorcing spouse
Speaking only when it’s your turn to do so
Having patience with the process
The court expects both sides to advocate for their rights within the confines of reasonable behavior, and while your attorney will generally speak on your behalf, your attitude will undoubtedly shine through. Court is no time to allow your anger to get the better of you.
Your ability to cooperate in court can also speak to your ability to cooperate when it comes to co-parenting, which is exactly what the court is looking for.
Carry on with Your Dignity Intact
By paying attention to your conduct throughout your divorce, you help to ensure that you won’t look back and wish you’d done things differently, and your efforts toward this end are going to serve you well all the way through to the other side. Some tips that can help get you there include:
The better you understand the divorce process, the less stressful it’s going to be for you. Your compassionate divorce attorney is there to answer all your questions.
Keep in mind that your divorce will end.
Don’t allow anger and resentment to take over your life.
Appreciate that you will go through a grieving process and that there really are no shortcuts on this one.
Instead of exacting revenge, set healthy goals for yourself.
Before you act, consider how it might affect your children, and let that be your guide.
Discuss Your Case with an Experienced Round Rock Divorce Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a savvy Round Rock divorce attorney who is committed to helping you navigate the divorce process with grace and to protecting your rights in the process. Learn more by contacting or calling us at 254-781-4222 today.