Emotions build, and many people tell their spouses in the heat of the moment that they want a divorce. Afterward they seek legal counsel to gain a more rational view of their situation. However, whenever possible, the best time to consult a Texas divorce lawyer is when a spouse first starts considering divorce. Divorce is like any other important and complicated activity. It requires planning in order to accomplish the goals successfully.
How legal planning can help with divorce
- Financial planning. In violent breakups, one spouse may grab all the financial records, withdraw funds from a bank account, or even try to hide assets. This is not the norm, but it does happen. Spouses should discuss what records they should copy or safeguard with their divorce lawyers. Also, they should get legal advice before withdrawing money from bank accounts, so they know what is within their legal rights to do.
- Dealing with domestic violence. In life-threatening or abusive situations, a lawyer can advise a spouse to seek a court order for protection. Shelters are also available to provide help with domestic violence abuse. The State Bar of Texas publishes a Protective Order Pamphlet that offers a detailed information about what protections such orders offer and how they work.
- Family home. If a spouse wants to reside in the home as the primary custodian for the children, it is important not to leave the home during divorce. Domestic violence cases may be the exception, but the spouse should discuss the situation first with a lawyer. Courts typically consider that maintenance of the same residence, school, and activities for children is a stabilizing influence in their lives during and after divorce. The parent who puts the most time into the children’s care and handling daily activities is frequently the parent who acquires primary residential custody.
Divorce is a legal action and a significant life change. Contact a Texas divorce attorney and plan ahead.