When Divorce Is On The Horizon, What Do You Need To Know?
Preparing For Divorce
If you’re contemplating filing for divorce or suspect that your spouse may soon, there are proactive steps you can take to protect yourself and prepare for the process.
Demonstrate Involvement
Regardless of your role within the family, you need to be able to demonstrate you’re involved. This can look like different things for different people, so you’ll need to use some discretion. If you aren’t in a position where you can do that, do whatever you must to thoroughly familiarize yourself with day-to-day household activities and your children’s schedules as soon as you can. This includes knowing their teachers, medical and dental appointments, extracurricular activities, and more. This knowledge can be absolutely vital when discussing custody arrangements during divorce proceedings.
If you’re the primary breadwinner and work nights, for example, the court won’t be likely to take into consideration your motivation behind working less than ideal hours. You need to demonstrate to it that you are still reasonably involved in your child’s life despite not being able to be around that much due to your work schedule.
The judge will most likely ask you several questions as part of their process of determining the best interest of the child. If you’re unable to produce sufficient answers, you may be left behind when it comes to custody and visitation determinations. This doesn’t benefit anyone in the end. Your child will suffer, and you will too.
Understand Your Finances
If you don’t have an extensive understanding of your financial situation, get one. Get a picture of all your assets, including retirement accounts, as well as liabilities. Knowing the overall financial situation you’re in will facilitate smoother negotiations regarding asset division and financial responsibilities post-divorce. If you don’t, compile a detailed list of all assets and debts acquired during your marriage. Having a clear record will enable your attorney to advocate much more effectively on your behalf during any negotiations and court proceedings you have.
On that note, if your spouse has been responsible for specific financial obligations, such as paying taxes, and has failed to meet them, you’ll definitely want the court to address this issue and make it theirs, not yours. These sorts of things might not seem like the most important thing to worry about, but trust me: they can have severe consequences later on.
Plan With An Attorney
In general, as much as you possibly can, plan ahead. This is critical when entering and navigating through a divorce. The more prepared you are, the smoother the process is likely to be. Your attorney can assist you in developing a strategic plan tailored to your needs and objectives, ensuring that you’re well-prepared for each stage of the divorce process.
A simple action you can take to this end is to consult with an attorney if you haven’t already. Some law firms, like mine, offer free consultations. Sometimes, a consultation of just thirty minutes is enough for an attorney to advise you on what you need to get in place, which can make all the difference later.
Legal Separation Going Into A Divorce
Unlike some states that recognize legal separation as a distinct legal status, Texas does not. In Texas, you are either considered married or divorced; there is no in-between.
You can initiate a divorce proceeding in Texas by filing the necessary paperwork at the courthouse or consulting with an attorney to guide you through the process. You don’t have to live separately to file for divorce in Texas. Even if you and your spouse continue to reside in the same household, you can still begin the divorce process.
The main requirement for getting one is to demonstrate to the court that there is no reasonable expectation of reconciliation between you and your spouse. Once these criteria are met, the court can grant the divorce, allowing both parties to move forward independently.
Daniel Ogbeide, a seasoned family law attorney based in Houston, shares proactive steps to safeguard your interests and prepare for divorce proceedings. With a wealth of experience guiding clients through the complexities of divorce in Texas, Ogbeide emphasizes the importance of demonstrating involvement in family matters and understanding your financial situation. By planning ahead and seeking legal counsel early in the process, Ogbeide helps individuals navigate the divorce process smoothly, ensuring their rights are protected every step of the way.
Need help with your family law case? Contact Daniel Ogbeide Law, PLLC today.
The Divorce Process In Texas
Although there may be specific exceptions to apply to nuanced cases, generally speaking, the divorce process in Texas is fairly straightforward. I’ll outline it here so you can familiarize yourself with it, a key step in preparing for a divorce.
Filing The Petition For Divorce
The divorce process begins with the petitioner, the person initiating the divorce, filling out a petition for divorce and a request for process. These petitions detail all the requests and desired outcomes from the divorce, such as child custody, asset division, visitation rights, child support, and spousal maintenance.
Filing With The District Clerk
After submitting their petition, the petitioner files it with the district clerk. Upon filing, the district clerk issues a citation.
Serving The Respondent
The petitioner must then arrange for the respondent, that is, the other spouse, to be served with the divorce papers. This can be done through a constable or a process server, but neither the petitioner nor their attorney can serve the papers themselves.
Respondent’s Response
Once served, the respondent has approximately 20 days from the following Monday to file an answer with the court.
Court Procedures
After the respondent files an answer, the court typically follows its specific policies and procedures. Most courts in Texas do not intervene actively. Instead, you’ll be required to contact them for things like requesting a hearing for temporary orders.
Setting The Case For Trial Or Dismissal
Eventually, the court will either set the case for trial or issue a dismissal notice if certain requirements are not met. If the respondent has not been served, an intent to dismiss may be issued within three to six months. If the respondent has been served, the notice may come between six months to a year. However, if you and your to-be ex-spouse mutually agree to the divorce, the entire process can be expedited and completed within just 90 days.
Settling Peripheral Issues
Not all tangential issues to your divorce necessarily need to be settled by the time your divorce is finalized. Certain issues, such as child custody, visitation, and child support, are often addressed through temporary orders while the divorce is pending. Here’s a breakdown of how different matters are typically handled:
Temporary Orders
Temporary orders often address temporary child custody arrangements, visitation schedules, and financial support to ensure the child’s financial needs are met as the divorce unfolds. In some cases, temporary spousal support or maintenance may be awarded to a spouse while the divorce is pending.
Ongoing medical support for children, including health insurance coverage and payment of any medical expenses they have are typically addressed through temporary orders, though they are sometimes instead included in the final divorce decree.
Final Divorce Decree
Assets and debts are typically finalized in the final divorce decree. This includes the distribution of property, retirement accounts, and other assets, as well as the allocation of debts. Although temporary child support may be established early in the process, the final determination of child support, including any back child support owed, is often included in the final divorce decree.
The final determination of spousal support or maintenance is also typically addressed in the final divorce decree, taking into account factors such as the duration of the marriage, the earning capacity of each spouse, and any other relevant factors.
For more information on What To Do When Divorce Is On The Horizon, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 345-1988 today.
Daniel Ogbeide, a seasoned family law attorney based in Houston, shares proactive steps to safeguard your interests and prepare for divorce proceedings. With a wealth of experience guiding clients through the complexities of divorce in Texas, Ogbeide emphasizes the importance of demonstrating involvement in family matters and understanding your financial situation. By planning ahead and seeking legal counsel early in the process, Ogbeide helps individuals navigate the divorce process smoothly, ensuring their rights are protected every step of the way.
Need help with your family law case? Contact Daniel Ogbeide Law, PLLC today.