.2407232141442.jpg)
If you and your spouse have come to the mutual decision that you need a divorce and are generally on the same page about your divorce terms, you may be wondering if you can skip the attorneys and put the matter behind you as quickly as possible – without all the muss and fuss that normally accompanies these complicated legal matters.
The truth is however that divorcing without skilled legal representation on your side leaves you far more vulnerable to terms that do not support your financial and parental rights, which can reverberate into your future.
Because the decisions you make now can affect you and your children for years to come, you should not proceed without the trusted legal guidance of an experienced Round Rock divorce attorney.
Divorce Is an Emotional Rollercoaster
An important point to keep in mind as you move through the divorce process is that emotions are almost certain to be running high on both sides, which can cloud your thoughts and affect the decisions you make.
Even if your divorce is relatively friendly, the fact is that you married with the intention of staying married, and this primary relationship in your life is coming to an end. Further, if you have children, you are breaking up their family and changing their lives in primary ways that are difficult to overstate.
In other words, it’s a lot, and the emotional turmoil can interfere with your ability to negotiate terms that uphold your rights and support your best interests.
Having a divorce attorney in your corner helps to ensure that you understand the implications of the terms you’re signing off on. Too often, clients who handled their own divorces find that the terms they agreed to were not in their best interests and that there isn’t much they can do about it after the fact.
Once your property has been divided and your divorce finalized, there are no do-overs. While you can seek a modification in relation to other divorce terms, such as child custody and alimony, it must be based on a significant change in circumstances and requires considerable legal finesse in and of itself.
The bottom line is that you should focus on your divorce terms before your case is finalized, and the surest means of securing terms that work for you and your children is to work closely with a seasoned Round Rock divorce attorney from the start.
Having Skilled Legal Representation Can Save You Money
Having legal counsel on your side can save you money in the long run. Simply going along to get along – and opting not to hire an attorney – can definitely make your divorce proceed more smoothly, but there are no checks and balances in place that are designed to protect your financial and parental rights, and the consequences can be immense.
Whether this means losing out on marital assets that you were entitled to or having to fight for enhanced child custody rights after the fact, there is a serious price to pay that you very likely could have avoided if you’d hired a divorce attorney.
Divorce is a situation in which an ounce of prevention truly is worth a pound of cure, and your attorney will ensure that your rights are protected throughout the process.
The legal cost associated with your divorce are an investment in your future, and your focused Round Rock divorce attorney will respect and appreciate your desire to keep your legal expenses manageable and will help you make that happen.
For example, doing the legwork, such as gathering and effectively compiling the financial documentation necessary to divide your marital assets fairly, can save you money. Further, many reputable divorce attorneys offer payment plans that can help make covering your legal bills less challenging.
Complicating Factors
Your legal expenses will be based on a range of factors, and certain matters tend to make it that much more challenging to negotiate fair divorce terms and, therefore, are associated with higher legal fees overall.
Your Marital Assets
The more complex your marital assets, the more likely you are to need more considerable legal guidance. Business ownership can prove especially complicated – and offers many excellent opportunities for a less-than-forthright spouse to hide or obscure assets.
If your marital assets are fairly straightforward and come down to each spouse’s earnings and your family home, your attorney will ensure that you recognize the tax consequences of the division you are considering, as well as your rights regarding assets like retirement accounts, which can be hybrid assets that are both marital and separate and proceed accordingly.
The higher and more complex your assets, the more considerable your legal needs are likely to be.
The Level of Animosity
If you and your divorcing spouse are on friendly terms – or are on something close to friendly terms – you may be able to negotiate terms between yourselves, which is great. At this point, you can simply go over your agreed-upon terms with your respective divorce attorneys, make any necessary tweaks, and proceed with minimal legal assistance.
The thing about divorce, however, is that the level of animosity can skyrocket in the blink of an eye – based on that emotional rollercoaster effect mentioned earlier – and you could find yourself in the middle of a contentious battle of the wills before you know what’s happening.
This is when a simple divorce can evolve into a very challenging divorce and when having a legal ally in your corner is key.
It’s important to point out here that hiring an attorney does not mean that you are looking for a fight. Instead, your attorney is simply there to help you protect your rights and to help ensure that your case proceeds forward as effectively and efficiently as possible.
If your goal is keeping your divorce as amicable as you can, your attorney will absolutely honor your wishes, and if your divorce continues in the same friendly manner as it began, you won’t have any trouble keeping your legal expenses low.
If not, you’ll have a knowledgeable legal advocate on your side to help keep things from spiraling out of control and to handle the fallout if things continue to heat up.
Where You Both Stand on Child Custody Arrangements
If you and your divorcing spouse are in the same ballpark in terms of your expectations regarding child custody arrangements, this divorce term will likely require minimal legal attention, but if you’re miles apart on the matter, it can turn into a legal battle royale.
If one of you stayed home with the children during your marriage, and you’re in agreement about this parent staying in the family home with the children while the other has a parenting time schedule, you’ll need to address offsetting the primary custodial parent’s ownership in the home but shouldn’t need much legal assistance in terms of the child custody arrangements.
If, however, you’re both vying for primary custodial status, things can be far more challenging.
The more complex the circumstances of your divorce are and the farther apart you and your divorcing spouse are on each term, the more legal help you’re likely to need.
Considering the Terms of Your Divorce
While your divorce will be specific to you, your spouse, and your unique marriage, the terms that you’ll need to address are the same as the terms that every other divorcing couple faces.
The Division of Your Marital Property
In Texas, everything that you come to own while you’re married is classified as marital property with the following few exceptions:
Any gifts or inheritances that either of you received in your name alone
Anything either of you purchased with separate funds and kept separate throughout the marriage
The compensation for pain and suffering that either of you received in a personal injury claim that was initiated during the marriage
The State of Texas requires a just and right division of marital assets, which means a fair division given the unique circumstances involved. For example, if either spouse dissipated marital funds by spending them down or by bankrolling an extramarital relationship, it can negatively affect their property division – even in a no-fault divorce.
If you and your divorcing spouse have reached an agreement regarding property division that you’re both willing to sign off on, you’re ahead of the game, and with legal representation backing you up, you’ll be afforded the peace of mind that comes from knowing your financial rights and best interests are well supported.
Child Custody Arrangements
Texas courts focus on the best interests of the involved children, and this almost universally translates to both parents receiving ample parenting time. One parent may, however, be awarded the role of primary custodial parent while the other has a standard visitation schedule. This represents physical custody, but there is also legal custody to consider.
Legal custody determines how you and your ex will make the primary parenting decisions that will guide your children’s lives moving forward. This parental responsibility addresses matters like the following:
Your children’s schooling
Your children’s religious education
The extracurriculars your children participate in
Legal custody can be shared equally, or one parent can take on sole legal custody. When shared, one parent may have the authority to break a tie, or the decisions may be divided between you according to category.
The closer you and your soon-to-be ex are on the matter of your child custody terms, the less involvement you’ll need on the part of your attorney – who will be standing by to help in case an issue arises.
Child Support
Child support in Texas is calculated according to careful state guidelines that are fairly straightforward. Generally, the higher earner has the child support obligation – even when parenting time is shared equally – and they, therefore, make child support payments to the other parent.
The court, however, has the discretion to deviate from state guidelines in response to extenuating circumstances, such as a child whose special needs require extraordinary expenses. Generally, your legal needs related to child support should be minimal unless one of the following applies:
There is a significant reason for requiring more child support than the state guidelines call for.
Your divorcing spouse is attempting to artificially limit their financial responsibility by hiding income or by earning less through intentional unemployment or underemployment.
Alimony
Alimony can be a tricky divorce term because it only applies in cases where one spouse is unable to cover their own reasonable needs within the context of the standard of living the couple achieved during their marriage while the other spouse has the financial ability to help.
If you are entitled to alimony, you could miss out on an important form of income if you proceed without legal counsel. Alimony is designed to help the recipient gain greater financial independence through education or job training.
If your divorcing spouse won’t entertain the possibility of paying you alimony, it’s a financial right that you could be denied if you handle your divorce on your own.
Reach Out to an Experienced Round Rock Divorce Attorney for the Help You Need Today
If you are facing a divorce, proceeding without legal counsel backing you up leaves you more vulnerable to less than favorable divorce terms, which can go on to negatively affect you and your children’s future.
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas, for more than 20 years – is a compassionate divorce attorney who appreciates your desire to keep your legal costs manageable and has the tools to help you achieve this goal – with your financial and parental rights intact.
We are on your side and here to help, so please don’t put off contacting or calling us at 254-781-4222 to schedule a free consultation and learn more about what we can do for you today.