Agreeing On Divorce Terms
The process of agreeing on the terms of the divorce, including property division, spousal support, and child custody, is the most critical step of the divorce process. Spouses can discuss their proposed terms privately with their attorneys or through a formal mediation process.
Formal mediation is an out-of-court process with a neutral third party and both spouses and their attorneys. This process can be voluntary or court-ordered and can help divorcing couples reach mutual agreements without the need for a trial.
Trial
If spouses are not able to reach an agreement on any element included in their divorce terms, they will need to go to trial, where a Judge will make the final decision. During a divorce trial, both spouses and their attorneys present evidence in favor of their proposed terms, as opposed to the other spouse’s. It may be during a trial that a spouse presents evidence arguing that certain assets are or are not community property and should be divided in the divorce accordingly.
A trial is the last resort to resolve issues between a divorcing couple. However, if negotiation and mediation are unsuccessful, it may be necessary to ensure you receive the fair outcome that you are entitled to.
Finalizing The Divorce
Once the final divorce terms, outlining asset division, child custody arrangements, and spousal support payments, have been decided, either in trial or outside of court, these are outlined in the divorce decree. The final decree is a court order. Failure to adhere to the terms could result in a spouse being held in contempt of court.
Potential Complications In A Contested Divorce
During a divorce, spouses must reach decisions upon potentially life-changing arrangements, such as the share of marital assets given to each spouse. Unsurprisingly, key issues are often a source of disagreement and debate, and divorcing couples rarely agree on proposed divorce terms. As such, contested divorces are commonplace across the United States and in Sugar Land.
When disagreements arise and friction builds between parties, many complications can emerge that elongate the divorce process, which can make coming to an agreement more challenging. Often, this tension can be exacerbated by the underlying emotion and potential animosity that occurs between a divorcing couple.
An experienced divorce lawyer can be invaluable when dealing with contested divorce complications. They can often pre-empt the methods your ex may use and implement strategies and measures to combat them before they cause too much harm or delay to your case.
Some may think that an uncontested divorce is an ideal situation. However, this can also carry risks. Not only are uncontested divorces a rare occurrence, but if entered into without legal representation, they can leave spouses vulnerable to manipulation and pressure from the other party.
False Allegations
False allegations such as adultery and domestic violence can arise from a disgruntled spouse in an effort to discredit you in the courtroom and sway the proceedings in their favor. Not only can this be extremely detrimental to the final divorce settlement if successful, but it is also likely to substantially elongate the divorce process. Some spouses use this tactic purely to draw out the process and increase the cost of legal fees for the other spouse.
High Asset Divorces
An essential element of a divorce is deciding how marital assets and property will be divided between spouses. This is often a complex process in which spouses debate whether assets are considered community property and thus subject to division. Texas law states that community property should be divided in a ‘just and right’ manner between a divorcing couple. This does not necessarily mean an equal split. What constitutes just and right can often be another source of contention.
These complications are further amplified in situations of high-net-worth and high-asset individuals. In these situations, the number of assets a couple must divide increases substantially, often complicating and elongating the process. Similarly, the inclusion of family business assets can also bring complexities.
Domestic Violence
The presence of domestic violence in a marriage can complicate the divorce process. The most dangerous time for a victim of domestic violence is when they leave their spouse. The safety of both spouses is paramount, and additional steps can be taken to protect victims of domestic violence during a divorce. In cases involving domestic violence, a reputable attorney can apply for a court injunction or protective order to prevent your spouse from contacting you, allowing you space from your ex.
In cases of domestic violence, a Judge may also waive the mandatory 60-day waiting period for a Texas divorce. The safety of domestic violence victims and their families is of the utmost importance. Although an attorney can help victims with court processes and protection orders, victims should also seek support from the local authorities to ensure their safety.
Can an attorney help with my divorce?
Skilled legal representation will have a dramatic impact on the ease of your divorce process and the final outcome. Legal counsel can also affect how much time you are likely to spend in court. A reputable Sugar Land divorce lawyer will negotiate and develop a compelling, evidence-based argument to increase the likelihood of a successful outcome through negotiation and mediation, as opposed to a trial.
In addition to expert negotiation skills, your attorney will maintain professionalism and will treat your spouse with respect, while fighting for a successful outcome for you. This objective and professional stance can be extremely beneficial for removing emotion from the situation, reducing tension between parties, and helping to work towards an agreement.
If your case does end up at trial, your divorce attorney will defend your interests and develop a compelling argument to fight for the best possible outcome for you and your family.
Skillern Firm Divorce & Child Custody Lawyers Sugar Land Divorce Lawyers
Skillern Firm Divorce & Child Custody Lawyers Sugar Land divorce attorneys are highly experienced in handling the sensitive nature of divorces. We understand that many spouses want a timely divorce with as little stress as possible. To achieve this, successful communication and negotiation with your spouse and their attorney is essential.
Skillern Firm Divorce & Child Custody Lawyers attorneys are professional and respectful but also firm and stern in their negotiations. If you are represented by Skillern Firm Divorce & Child Custody Lawyers, your attorney will use their extensive experience to secure a successful outcome that reflects your best interests, while ensuring you spend no more time than necessary in the courtroom.
