If you and your divorcing spouse think you could save time, money, and stress by simply sharing a divorce attorney and are wondering why the option is off the table, you are not the first, and you undoubtedly won’t be the last.
The fact of the matter is, however, that a divorce attorney can only work for one of you, and their sole focus is that spouse’s preferences in the context of their rights. Representing your spouse at the same time the divorce attorney represents you amounts to a conflict of interests that can’t be overcome.
Ultimately, your financial and parental rights are far too important not to bring your strongest case, and for that, you need an experienced Round Rock divorce attorney backing you up.
Your Position
You’re facing a divorce, and it’s overwhelming. The thought of finding a divorce attorney, hiring them, and covering the legal expenses may feel out of reach, and from here, the thought of simplifying things by sharing an attorney may sound very appealing.
This, however, is a shortsighted approach. Hiring the right divorce attorney for you is an investment in your future, and it can make a significant difference in your terms.
While no one denies how challenging divorce is, and no one faults you for wishing the process could be streamlined, it’s important to protect your rights from the outset. This means hiring your own attorney whose sole focus is on securing favorable terms that work well for you and your children, and that will serve you well into the future.
Conflict of Interest
If you and your spouse were to share an attorney, it would be impossible to ensure that your best interests were well represented, which is the primary reason for hiring a divorce attorney in the first place.
The bottom line is that you and your soon-to-be ex likely have competing interests, which is reason enough to have your own attorney – whose sole focus is guiding your case toward the best possible resolution for you.
Your focused divorce attorney has a fiduciary duty – or a legal responsibility – to represent your best interests, which includes providing you with professional advice that is tailored to your unique circumstances and priorities.
The advice your attorney shares with you could be very different from the advice they would share with your divorcing spouse, and this is where that conflict of interest comes in. You and your spouse have competing interests, and your attorney can only give one of you their undivided attention, best advice, and focused guidance.
Attorney-Client Privilege
Another legal concept that’s important to consider in relation to your professional legal representation is the attorney-client privilege you’re owed. This privilege is a standard legal practice in family law, including divorce, and it refers to the privacy your attorney must afford you throughout the divorce process, including in relation to all the following:
Meetings
Conferences
Phone calls
The documentation shared between you
Electronic communications, including emails and electronic messaging
Your well-respected divorce attorney is committed to affording you the privacy you deserve and that is required by law, and this includes not sharing any of the information you provide to any other party – other than their immediate legal staff – without your express permission. If you and your spouse were to share an attorney, this primary right to privacy couldn’t be upheld.
Divorce Requires Legal Strategy
While you and your divorcing spouse can battle out every detail of your divorce exhaustively, it won’t necessarily lead to terms that serve you better. It will almost certainly, however, lead to a long, drawn-out battle that is more costly, more time-consuming, and more chaotic than you’d hoped.
In order to keep your case moving forward toward a resolution that serves you well, you need a strategy that affords you leverage in negotiations and the focus necessary to avoid distractions.
Your proactive divorce attorney will help you pin down your divorce priorities and will help you strategize an effective and efficient path forward toward accomplishing your goals. When it comes to divorce, there is no perfect answer, but there are better outcomes, and the idea is to reach a better outcome sooner rather than later, which helps set the stage for a brighter future.
The Qualities You’re Looking for in a Divorce Attorney
Finding the right divorce attorney doesn’t have to be complicated, and it needn’t be intimidating. The qualities you’re looking for include:
An attorney who listens to you, answers your questions in a way that you understand and appreciates your concerns
An attorney who explains the legal intricacies of your divorce to you and ensures that you know what to expect
An attorney who ensures that all your divorce paperwork is completed accurately and is timely filed
An attorney who ensures that you receive full financial disclosure from your divorcing spouse, which is key to your financial rights
An attorney who has the time necessary to devote to your unique case
An attorney who understands your divorce priorities and helps you explore your best options in relation to them
An attorney who prioritizes your rights throughout the legal process
An attorney who is well acquainted with the legal intricacies of your case and is well prepared to proceed
An attorney with highly polished negotiation skills who will spare no effort in pursuit of a case resolution that works for you
An attorney who has the resources, commitment, drive, and experience to guide your case effectively and efficiently through the legal process, including going to court if one or more terms remain unresolved after you’ve exhausted your efforts to negotiate fair terms, including through mediation
The Rights You’re Protecting
The nuts and bolts of your divorce – and of every divorce – are the applicable divorce terms, and each represents an important parental and financial right that is worthy of careful consideration and skilled legal guidance that’s focused on your best interests.
The Division of Marital Property
The assets that you and your spouse accumulated during your marriage – regardless of who made the purchase, whose name is attached, and who uses the property – are considered community property, which means they belong to both of you.
In the event of divorce, these assets must be divided between you in a manner that is considered just and right under the circumstances involved. While this can mean a 50/50 division, it doesn’t always.
Guiding Factors
The kind of factors that guide how property is divided in Texas divorce cases include the following:
The duration of the marriage and the size of the marital estate
Each spouse’s age and overall mental and physical health – each of which can affect their earning potential in the future
Each spouse’s separate assets
Each spouse’s earning power and any disparity in income between the two
Each spouse’s highest level of education
The business opportunities available to each spouse in relation to the unique circumstances at hand
The financial and nonfinancial contributions each spouse made to the marriage over the years, including in terms of homemaking and childcare
Whether either spouse’s fault was a contributing factor in the failure of the marriage, which – under some circumstances – can affect the division of marital property even in a no-fault divorce
Whether either spouse engaged in fraud on the community estate, such as by spending down, giving away, hiding, or otherwise dissipating marital funds
When there is a reasonable basis for an unequal division of marital assets, the court has the discretion to award a lopsided split between the divorcing spouses.
Separate Property
Separate property is also an important consideration in divorce. Although those assets that either of you owned prior to marriage and kept separate while you were married remain the separate property of the original owner, it’s important to keep all the following in mind:
The court begins with the presumption that all assets are community property, and the spouse who lays claim to a separate property must prove its separate nature.
The line between separate and marital assets is subject to erosion whenever the two are commingled financially or are treated interchangeably.
The amount that a separate property increases in value throughout the years of a marriage is considered a marital asset. For example, the value of a retirement account at the time of your marriage is separate, but the amount it grows in value over the course of your marriage is marital.
Child Custody Arrangements
Texas addresses child custody in terms of both legal and physical custody.
Legal Custody
Legal custody determines how parents address primary decisions about raising their children post-divorce, and the kinds of decisions involved include:
The education your children receive
The medical attention your children receive
The religious upbringing your children receive
The travel and extracurriculars your children participate in
Texas courts are invested in keeping both parents involved in their children’s lives, which is considered to be in the best interests of the children. This means that parents often share legal custody, which can play out in any of the following ways:
Making all primary parenting decisions together
Making all primary parenting decisions together but one parent retaining the authority to make tie-breaking decisions when necessary
Dividing these decisions between both parents according to category
When the situation calls for it, one parent can be assigned sole legal custody, which means making these decisions on their own.
Physical Custody
Physical custody refers to parenting time. Texas courts are driven by the children’s best interests, and they begin with the presumption that it’s in all children’s best interests to spend a significant amount of time with each parent. Only when there is proof to the contrary will one spouse’s parenting time be seriously curtailed.
One parent may, however, be assigned the primary custodial role, which means having more overnights with the children and having the right to choose where they make their primary home – within the mileage limits set by the court.
Child Support
Child support is the state’s means of ensuring that both parents continue supporting their children financially. While a variety of factors can play a role in the calculation, the higher earner typically pays child support to the other parent according to the following guidelines:
20 percent of their net income for 1 child
25 percent of their net income for 2 children
30 percent of their net income for 3 children
35 percent of their net income for 4 children
40 percent of their net income for 5 children
40 percent of their net income for 6 or more children
The court has the discretion to deviate from these amounts when it is based on a reasonable rationale.
Alimony
Alimony plays a limited role in Texas divorces because the requirements are exacting. If you are entitled to alimony, however, it can prove important to your financial future. Generally, each of the following must apply before alimony will be awarded:
Divorce leaves the spouse seeking alimony without the means to cover their own reasonable needs.
The other spouse has the financial ability to pay alimony.
All told, there is a lot at stake in your Texas divorce, and sharing a divorce attorney with your spouse wouldn’t do you or your rights any favors.
An Experienced Round Rock Divorce Attorney Can Help
Brett Pritchard at The Law Office of Brett H. Pritchard is a knowledgeable Round Rock divorce attorney who will use his extensive experience and legal skills to protect your rights and pursue the best possible resolution for your case.
Learn more by contacting or calling us at 254-781-4222 and scheduling your free consultation today.