Almost any divorce lawyer would agree that getting divorced is something couples should consider very seriously before moving forward. Divorce is a life-changing event that has permanent results for both spouses, so it is something that should be carefully planned for the best outcome. Some divorces can be more complicated than others, so working with a lawyer is generally recommended to avoid complicating problems down the road. Before jumping right into a divorce, take some time to consider the following tips from divorce attorneys so this difficult procedure can be done correctly.
Tread with Caution in Volatile Situations
Some divorces are more amicable than others. When there is a possibility of violence or there is a past history of violence or abuse, the abused spouse must consider their own safety while planning a divorce. An emergency plan should be in place in case emotions flare and violence becomes an issue. If necessary, a person may want to consider getting a protective order while the divorce is still pending. In divorce cases where violence is likely, a divorce lawyer may recommend as little contact as possible with the offending spouse for safety reasons. Divorce is easier when spouses can work together; however, when this is not possible, safety of the abused spouse and any children is more important.
Examine Finances and Plan for the Future
Attorneys who handle divorces maintain that one of the most important concerns when a couple divorces are the finances. It is important for spouses to understand their joint financial situation and determine a budget for themselves once the finances have been divided. In today's society, spousal support is not a given and children definitely complicate financial matters. Divorcing couples must also start thinking about how they will divide their marital property.
Couples who are able to discuss all of this ahead of time and establish a workable plan can help their divorce proceedings process more quickly and reduce conflict. This also allows their lawyers to spend time actually helping the process move ahead, rather than diffusing conflicts between the spouses who have not yet begun to think about their finances and what will happen when they are divorced.
Understanding the Divorce Process
A divorce takes some time to be finalized. By law, divorces may not be granted until at least 60 days have passed from the date of filing. Most cases tend to take a little bit longer than 60 days, depending on what must be done and whether children are involved. During this 60-plus day waiting period, a temporary restraining order may be granted if one is necessary while the rest of the divorce planning is taking place.
Depending on circumstances, this may include simple negotiations; in more complex situations, it may require a mediator. In divorce proceedings where children are involved, there may be a need for a custody evaluation and determination as to where the children will live. Cases that cannot be easily resolved through lawyer negotiations will go to trial for a judge to resolve conflicts regarding things like property division, child custody and support, and any other concerns.
The first thing any couple should do when contemplating divorce is to think seriously about the changes that will need to take place in order for this to happen. Finding experienced divorce attorneys to help is a helpful second step. An experienced lawyer can guide divorcing couples through this process, while helping them understand the effects their decisions can have on each other and any involved children . Divorce lawyers serve as a helpful partner in the process of getting divorced. Therefore, it is important that each spouse understand the role their attorney plays in the divorce process and allow them to do their job, which is achieving the best choice for all involved parties!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526