Today’s blog post from The Rudisel Law Firm, P.C. will discuss the fundamentals of divorce in Texas.
What You Need to Know Before You Begin the Texas Divorce Process
The divorce process is never easy, but there are steps that you can take to better prepare yourself for the difficult path ahead and to help mitigate the hardships involved. While no two divorces are exactly alike, they all share certain elements that are important to consider. Take the time to get to know the basics, and you’ll be better prepared to take on your divorce.
Determine Whether Your Marriage Is Truly Over or Not
If you’re considering divorce, your emotions are inevitably running high. In fact, it can be difficult to make important decisions in this state. If your spouse is insisting upon a divorce, there may not be much you can do about it. If that isn’t the case, take the time to make sure that a divorce is really the answer you seek before rushing forward with the legal process. There are a variety of options when it comes to couple’s counseling – ask a trusted friend or family member for a counselor recommendation, research the services available at your place of worship, or speak with a reputable family law firm about resources in Houston. Even if your spouse isn’t interested in moving forward with counseling or therapy, it can help you personally get a better handle on whether divorce is right for you.
Seek Experienced Legal Counsel
Even if you don’t end up ultimately pursuing a divorce, it’s in your best interest to consult with an experienced family law attorney early on. A knowledgeable divorce lawyer will discuss what you’re likely to encounter throughout the divorce process with you, including what your settlement might look like. Divorce is scary, but knowing that you have a knowledgeable professional to guide you can help.
Don’t Make Important Decisions Before Discussing them with Your Attorney
If your marriage is beginning to feel unmanageable – or even impossible – you may be tempted to move out of your marital home and to deal with the details of your divorce down the road. Decisions like this one, however, can have dramatic reverberations throughout your divorce – and beyond. Talk to an experienced divorce attorney before you make important decisions that could have consequences you haven’t even considered.
If You’ve Been Unfaithful in Your Marriage, Share the Information with Your Lawyer
If you’ve had an extramarital affair, you may be tempted to unburden yourself of the guilt by telling your spouse or a trusted friend about it. While this is an understandable impulse, you’ll be doing yourself a favor if, instead, you share the information with your experienced divorce attorney – and only with your experienced divorce attorney. Although Texas is a no-fault divorce state – which means you can obtain a divorce for any reason and need not prove your spouse was engaged in wrongdoing – having an affair can still affect your divorce settlement.
Consider Your Finances before You Pursue a Divorce
If you’re considering a divorce, carefully consider your finances before you begin the process. Divorce does strange thing to people – even the person you think you know best in the world (your spouse) may surprise you during the divorce process. This can include playing dirty financial tricks. Your family law attorney will help you assess your financials and how best to proceed. While every couple’s financial circumstances are unique, there are things that you can do prior to beginning the divorce process to help safeguard your finances throughout. Having a sound financial plan can help you avoid some common divorce pitfalls.
Consider All of Your Valuables
Ultimately, you’re going to need a financial snapshot of your marital assets and debts. But there’s more to consider than just the financial component. You also own things that are of purely sentimental value, such as photo albums, family portraits, and family heirlooms and keepsakes. Now’s a good time to think about safeguarding those items that can never be replaced.
Your Marital Assets and Debts
After issues relating to child custody, dividing your marital assets and debts is likely to be the most critical element of your divorce. The more you know about your family’s financials, the better off you’ll be. Gather all the financial information and documents that you can early on and organize them into something you can share with your divorce attorney. With a clear picture of your marital finances, your skilled divorce attorney will be able to help guide you in the direction that best protects your financial future.
Your Divorce Goals
If you’re at the point that moving forward with a divorce is an inevitability, it’s important to remember that Texas is a community property state. This means that your marital assets won’t necessarily be divided straight down the middle but that, instead, the court will determine what it considers “just and right” within your circumstances. The court’s version of just and right will likely not coincide with your own.
Further, when it comes to the details of your child custody arrangement, you have a vested interest in carefully crafting the custody schedule that you believe is best for your children. While the court always prioritizes children’s best interests, you obviously know better when it comes to your own children.
The more that you and your spouse can agree upon, the less the court will decide on your behalf. If you and your soon-to-be ex can’t hammer out the details together (with the help of your respective attorneys), a mediator may be able to help you find common ground.
If You’re Considering Divorce, You Need a Dedicated Houston Family Law Attorney
While it’s impossible to predict at the outset exactly how your divorce will proceed, there are some basic steps that you can take to protect yourself along the way. The dedicated divorce attorneys at the Rudisel Law Firm, P.C., in Houston, have the experience, knowledge, and compassion to help guide your divorce toward its best possible resolution. We’re here to help, so please contact or call us at 713-781-7775 today.