If you are gearing up for divorce, you have a lot on your plate, and you want to avoid hiring a lawyer for a range of reasons. While you’re not alone if this is your thinking process, you aren’t seeing the big picture.
In the end, both your parental and financial rights are on the line, and having the professional legal representation of an experienced Round Rock divorce attorney backing you up will help to ensure that your rights are well protected, which can save you a considerable amount of money and emotional turmoil in the long run.
The DIY Craze
We’ve gotten to the point that we think watching a couple of videos online makes us experts at just about everything, but when it comes to your legal rights, this is a shortsighted approach. While you could potentially cobble together your own divorce paperwork, the process is nothing if not unpredictable.
In fact, many people who begin their divorces on their own end up hiring lawyers when things start heating up, which is almost inevitable. They end up spending more money, consuming more time, and facing exactly the kind of emotional upheaval they were trying to avoid.
If you want to learn how to sew a button on or how to change a tire, the internet is the perfect destination. But if you’re facing a divorce, having trusted legal guidance in your corner from the start is the answer.
If You and Your Divorcing Spouse Are in Complete Agreement
If you and your divorcing spouse are in complete agreement about needing a divorce and about every divorce term, you should consider yourself lucky, but you’re also well advised to work closely with a seasoned Round Rock divorce lawyer from the outset.
If your case continues to move smoothly forward, your attorney will ensure that everything is in order, that you’ve taken your rights into careful consideration and have made the right decisions for you, and that your case is finalized as quickly as possible.
The Cooling-Off Period
In Texas, as quickly as possible means day 61 after filing – or as soon after this day that aligns with the court’s docket. Texas has a mandatory 60-day cooling-off period for divorce cases, and most couples use this time to negotiate terms.
Realistically speaking, only those divorcing couples who are in true harmony regarding their divorce terms are able to finalize their cases this quickly, and most cases take considerably longer.
If You Hit a Snag
The truth is that it’s rare for a couple – even one that is in lockstep regarding their divorce – to make it through the legal process without hitting a snag or two. Ultimately, you’re both attempting to protect your rights in order to ensure a future that works for each of you, and you are almost certain to be at cross purposes at one point or another.
When Things Begin to Unravel
The bottom line is that it’s hard to predict if things will begin to unravel for you, but if they do, they can do so rather quickly. From here, you’re very unlikely to get things back on track without a knowledgeable divorce lawyer on your side, and if you work with one from the start, you may be able to avoid all the additional drama altogether.
When You See the Big Picture
Having a plan and legal guidance helps set the stage for a more streamlined divorce process, which can help you avoid the kinds of snags that are all too common in DIY divorces.
Your dedicated divorce attorney has the legal insight to see the big picture and to help you get from beginning to end with as little hassle as possible – while ensuring that your rights are well protected along the way. And that is something that a do-it-yourself divorce simply can’t offer you.
Considering Cost
Many people who are going through a divorce shy away from hiring savvy divorce attorneys because they’re concerned about cost. While cost is always a legitimate concern, it pales in comparison to the financial concerns at stake.
You have a lot to lose financially in divorce, and simply taking what strikes you as a reasonably fair deal in order to put the matter behind you as quickly as possible could leave you facing considerable financial hardship moving forward.
Wishing You’d Done Things Differently
You don’t want to be on the other side of your divorce wishing that you’d done things differently, which is why consulting with an accomplished Round Rock divorce attorney early on is the right choice.
If the decisions that you and your soon-to-be ex have reached protect your financial rights, your divorce lawyer will let you know, and you can proceed with the peace of mind that comes from knowing you’re in good legal hands. If there are some areas of concern, you’ll be in an excellent position to begin meaningful negotiations for terms that better align with your rights.
Taking the Most Challenging Path Forward
One of the least effective – and most costly and stressful – ways to go about divorce is to begin the process on your own, wait until things inevitably go south, and then scramble to secure skilled legal counsel. Another phenomenally bad idea is simply signing off on whatever your divorcing spouse comes up with, simply to get the matter over with.
Reputable divorce attorneys are not in the business of prolonging cases or of making them overly complicated. Instead, they follow each client’s lead. This means that if your goal is making quick work of your divorce while keeping the cost and turmoil down, your lawyer will help you accomplish just that – and will do so within the context of your rights.
The Division of Marital Property
While every divorce term has the potential to morph into a serious challenge, the division of marital property tends to be one of the most complex and one of the most hotly contested.
In Texas, everything that you, your spouse, and the two of you together came to own during your marriage is considered marital property that must be divided between you in a just and right manner when you divorce.
Separate Property
Anything that either of you owned prior to marriage and kept financially separate while you were married will remain the original owner’s separate property. It should be noted, however, that the State of Texas begins with the presumption that all assets are marital assets, which means that the spouse who claims something belongs to them alone will need to prove it.
Further, many factors, such as financial commingling, can erode the line dividing separate assets from marital assets.
A Just and Right Division
A just and right division of your assets, or their attached values, can – and often does – mean an equal division of property, but this isn’t always the case. A wide range of factors are taken into consideration when it comes to property division, and some of the highlights include:
The overall size of the marital estate, as well as the size of each spouse’s separate estate
The contributions each spouse made to the marriage, including in the form of homemaking and caring for the children
Each spouse’s income, earning potential, and marketability
The matter of fraud on the community, such as if your spouse took any underhanded actions to artificially skew the division of marital assets in their favor
There are situations in which one spouse is entitled to a larger share of the marital assets, and if this is the case for you, you don’t want to lose out simply because you chose to pursue a DIY divorce.
Complicating Factors
Even in straightforward cases in which the spouses have similar incomes and retirement accounts and have only the family home in terms of real estate, the division of marital property can still be challenging.
However, when you add in complicating factors like the following, the stakes rise, and proceeding with caution – which translates to working closely with your determined divorce attorney – is always advised:
Complicated assets
Multiple properties with considerable value
The more complicated your marital finances are, the more likely it is that you’ll need to involve a forensic accountant to help ensure that fair values are assigned and to weed out any financial wrongdoing on your spouse’s part, which could have very serious financial consequences for you.
While you may not think that your partner of many years would stoop to underhanded dealings, it’s important to be realistic. The stress of divorce can push otherwise reasonable people to act unreasonably, and money has a strong emotional pull for many people, which can make the situation that much more difficult.
Alimony
Another primary financial concern in some divorces is alimony, which is called spousal maintenance in Texas. Alimony is reserved for very specific cases, but if you are entitled to this form of financial support, you shouldn’t lose sight of this fact. The basics regarding alimony in Texas include the following:
It’s only ordered when the divorce leaves one spouse without the financial means to cover their own reasonable needs while the other has the financial ability to help.
The duration of alimony payments are generally based directly on the length of the marriage.
The alimony recipient is typically required to gain greater financial independence, such as by furthering their education, during the period that they receive this financial support.
Child Custody Arrangements
Texas addresses child custody arrangements in terms of both legal custody and parenting time, and if you share children with your soon-to-be ex, these arrangements are of primary concern. Legal custody determines each parent’s decision-making authority regarding major matters like the following:
Your children’s education
Your children’s health care
Your children’s extracurriculars and travel
Your children’s religious education
Parenting time, on the other hand, determines the schedule that mandates when your children are with you and when they’re with their other parent.
The most important point about child custody decisions in general is that Texas always prioritizes the best interests of the children. This generally means affording each parent a generous parenting time schedule and the right to participate in decision-making.
Texas courts are looking for parents who are committed to co-parenting effectively and who are motivated to support one another’s healthy and ongoing relationship with their shared children. Your compassionate divorce attorney will take the steps necessary to clearly demonstrate that these characteristics define your position.
Child Support
Child support is calculated according to the state’s direct guidelines, and this generally means that the parent who earns more makes the child support payments – even when parenting time is shared evenly. The basic payment parameters include the following:
The higher earner pays 20 percent of their net income for 1 child.
The higher earner pays 25 percent of their net income for 2 children.
The higher earner pays 30 percent of their net income for 3 children.
The higher earner pays 35 percent of their net income for 4 children.
The higher earner pays 40 percent of their net income for 5 children.
The higher earner pays at least 40 percent of their net income for 6 or more children.
An Experienced Round Rock Divorce Lawyer Can Help
Brett Pritchard at The Law Office of Brett H. Pritchard—proudly serving Round Rock for more than 20 years—is a divorce attorney who is committed to faithfully following your lead throughout the divorce process without ever losing sight of your parental and financial rights and best interests.
We are on your side, here to help, and we encourage you not to hesitate to contact us or call us at 254-781-4222 to schedule a free consultation and learn more today.