Are you ready for a divorce?

The family has just relocated here to the Metroplex from… wherever. You and your spouse were having marital problems or maybe you were feeling unhappy or unfilled in the marriage. In any event, things were just not right. You were hoping that a new surrounding would make for a fresh start, a new beginning. But, family problems, like most problems, aren’t cured by a change in scenery. The same problems still exist and are only getting worse. In your mind, divorce is the only solution to your problems. But what do you do?

First, divorce is a very serious matter and should not be considered just because of a bad mood or an emotional hiccup. A divorce is a very personal matter. It is going to destroy a longstanding relationship not only the one with your spouse but probably the one with her --- and your child’s --- extended family. It may even severely strain the one with your own family. I guarantee it will disrupt the life of your child on a grand scale and in ways you will not understand for years. During all of the turmoil, a child can get lost. Life as you know it will change in an absolutely dramatic way.

A divorce will change forever your relationship with your child. In Texas, when dealing with children’s issues, we now use terms like “conservatorships,” “parenting plans,” “access agreements.” But these are nothing more than politically correct terms for custody, visitation and possession schedules. Joint Custody is always the mantra of most dads; however, the Texas Family Code does not contain that phrase. Child support, literally, deals with dollars and cents as it relates to the child. (But, this money is not the child’s money; more on this later.) That can be problematical because if it’s true that two cannot live as cheaply as one, it’s definitely true that two can’t live any cheaper when they are divorced. Clearly, this is the most contentious issue in any family law case.

Property and assets are going to be divided, often in a manner that you are not going to like. Texas is a community property state. That simply means that what’s yours is really half your spouse’s and vice versa. The definition of community property is any property that was acquired during the marriage is jointly owned by the spouses. So, any attorney who does not tell you about these things should be avoided like the plague!

If you are thinking about a divorce, you need to speak with a lawyer who well versed in family law and understands not only the law but also the emotional upheaval that a divorce will necessarily create.