It is not difficult to find people that have good things to say about their decision to get divorced without destruction through the Collaborative Divorce process. Not only can it save your relationship with your kids, the flexibility of collaborative divorce may allow you to resolve the disputed issues in a custom manner that is just not available when everyone punts the decision making process to a judge that knows next to nothing about you. On top of that, this stranger is going to make some very important decisions about your life based on hearing the absolute worst about you from your spouse in an ugly drawn out litigated divorce. Is that your ideal outcome? Take some time to read these experiences and give it some thought.
We both wanted out of the marriage, but we didn’t want our children to “pay” for our mistakes. … The “process” allowed my ex and I to remain focused on this goal, rather than being focused on “getting” the other person. … Once we started working together to craft a solution we both thought was fair, we had incentive to work together – giving and taking – to reach a truly fair outcome. Through the collaborative divorce process we learned many creative ways to divide and preserve assets that we never would have thought possible. For instance, keeping the only home that the boys had ever known was extremely important to me and my children, but less important to my ex. Neither of us would have guessed that I could “buy” him out of his share of the equity in the house by giving him other assets that appeared on the balance sheet – achieving both of our goals (mine to keep the house, his to get rid of it). …Through our realtor and mortgage expert we learned how we could refinance our current house to a lower interest rate, and still allow my ex to purchase another house. I sincerely believe that we would not have known about or explored ANY of these options (and many more) unless we had used the collaborative divorce process….I was burdened by both personal health issues and family health issues during our divorce. The collaborative process allowed us to craft our solution on our own timeline – around my chaotic and unpredictable schedule. This took a horrible burden off of my shoulders at a time that I *really* needed that flexibility and understanding from the divorce process. … Neither of us felt that anyone was out to “get” us. I never felt that my ex’s lawyer was looking for ways to exploit me: she focused on both of our stated goals, as did my lawyer. “Everyone” was looking for a win-win outcome for every topic we had to address. I can’t emphasize enough how much this meant to me during what was a terribly difficult transition in my life!
Remember, not every attorney is trained or appropriate to represent someone in a Collaborative Divorce. Contact The Shea Law Firm at (832) 592-7913 to speak with a Collaborative Divorce attorney in The Woodlands or locate a trained collaborative divorce attorney near you at http://www.collablawtexas.com/locate-a-collaborative-law-professional
Confused? Learn the differences between an uncontested divorce, a litigated divorce, and a collaborative divorce in my free Woodlands Divorce Guide
Are you considering divorce and are not sure where to begin?
Has your spouse already filed for divorce and you are not sure how to protect yourself?
Are you wondering:
- How much child support is involved in your divorce?
- Is spousal maintenance going to be awarded in your divorce?
- How often will you see your kids after the divorce?
- What is separate property and what is community property?
- What happens to retirement accounts in a divorce?
To help answer some of the most common questions I am proud to announce the release of my Woodlands Divorce Guide available for free download. You can get your copy by clicking on the link below.
The Woodlands Divorce Guide
If you have a question that is not answered in this version of The Guide, post your question in the comments below or contact us and we will consider it for inclusion in future editions.
Not everyone gets divorced right away. All too often the husband and wife go their separate ways and never bother to end the legal marriage relationship. It is usually never a good idea to maintain a legal relationship that could result in liability to you, but it also can create special problems when the husband and wife end up in different states and then one decides to pursue a divorce. Can you get a divorce in Texas when your spouse lives in another state?
Yes, and no. If your spouse cooperates you can get divorced and property divided in Texas. However, if your spouse does not cooperate you may be in for a difficult time.
Recently the Houston Court of Appeals confirmed that if the out of state spouse has no contacts at all with Texas then the Texas divorce court does not have authority to divide property and debt. A Texas court does have authority to grant the spouse that lives in Texas a divorce to determine their legal status, but does not always have the authority to divide property and debt. Contact a Woodlands Divorce Lawyer today if you need to get divorced from a spouse that does not live in Texas.
In addition to residency requirements for filing for divorce in The Woodlands, the spouse seeking divorce must claim a reason for divorce that is recognized in the Texas statutes. There are many reasons for divorce, some of which depend on proving wrongdoing on the part of one spouse while others are designed to complete the divorce without proving fault with either spouse.
The most common reason for divorce in The Woodlands is the reason of “insupportability.” Insupportability is a “no fault” reason for divorce.
The Texas statutes define insupportability as when the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Speak with a Woodlands Divorce Lawyer today if your marriage has become insupportable and divorce is the only option.
There is a residency requirement before you can file for divorce in The Woodlands. The Texas code requires that either spouse meet both of the following requirements:
- a domiciliary of Texas for the preceding six-month period; and
- a resident of the county in which the suit is filed for the preceding 90-day period.
These criteria must be satisfied at the time the petition for divorce is filed. If you file one day too early, your petition does not meet the statutory requirements for divorce in The Woodlands.
Speak with a Woodlands Divorce Lawyer today to protect your rights while going through the difficult divorce process.
Your final decree of divorce is a binding court order. If your spouse fails to comply with his or her obligations in that court order then your Woodlands Divorce Attorney can petition the court to enforce its decree. One of the most persuasive powers a divorce court has is the power to put someone in jail when they are found in contempt of court due to not following the terms of the court order. There are limits to this power however.
