Facing a divorce brings a multitude of questions: What are my rights? How will my life change? Who can help me navigate this complex process?
At Turner-Monahan, PLLC, we believe that a well-informed client stands the strongest in any legal battle. This detailed article will walk you through ten critical discussions to have with your divorce lawyer, ensuring you are thoroughly prepared for the legal road ahead.For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
1. Grounds for Divorce: Choosing Your Path
Why are you seeking a divorce? Texas allows for fault-based grounds such as adultery and cruelty or no-fault grounds based on irreconcilable differences (Texas Family Code §6.001–6.006). Each choice affects the divorce proceedings differently.
For example, citing adultery (§6.003) can influence alimony and property division. Discussing this with your lawyer ensures a strategy tailored to your situation. It’s wise to work closely with your attorney to decide the best route and keep detailed records of relevant incidents to strengthen your case.
2. Child Custody: Ensuring the Best for Your Children
The future of your children is undoubtedly a major concern. In Texas, custody (conservatorship) decisions are made based on the child’s best interest, focusing on factors like parental responsibilities and the child’s needs (Texas Family Code §153.002).
Whether you’re aiming for sole or joint custody, your lawyer can draft a parenting plan that specifies living arrangements and visitation schedules (Chapter 153). Crafting a schedule that accommodates both parents’ work hours and the children’s school activities can help facilitate smoother transitions.
3. Property Division: Fairly Dividing Your Life Together
Dividing assets fairly is critical and can be complex. In the state of Texas, most assets acquired during the marriage are considered community property and must be divided equitably (Texas Family Code §3.002). However, inheritances and gifts are typically separate property (§3.001). Discussing items like homes and significant assets with your lawyer can ensure an equitable division. Make sure to document ownership and values of significant assets early in the divorce process to streamline negotiations.
4. Alimony and Spousal Support: Financial Fairness Post-Divorce
Will you need to pay or receive spousal support? This is one of the most asked questions. Factors such as the duration of the marriage and each spouse’s earning capacity are considered in Texas when determining eligibility for alimony (Texas Family Code §8.051).
Discuss potential scenarios with your lawyer—whether you might receive support to help transition to single life or need to budget for payments. For instance, if one spouse has been a stay-at-home parent, temporary spousal support might help them reenter the workforce.
5. Child Support: Supporting Your Children’s Future
Child support is a crucial aspect, especially when children’s welfare is at stake. Texas uses a formula based on the non-custodial parent’s income to determine support amounts (Texas Family Code §154.125).
Discuss how these guidelines will apply to your situation, including additional expenses like healthcare or education. Again, make sure to keep detailed records of all child-related expenses to ensure a fair calculation during settlement discussions.
6. Debt Responsibility: Untangling Financial Ties
Another integral point to discuss with your lawyer is who will take responsibility for marital debts? Just as property is divided, so are liabilities incurred during the marriage (Texas Family Code §3.002). Clarify with your lawyer which debts are jointly owned and how they should be managed post-divorce to avoid future legal complications. For example, allocating responsibility for credit card debts can be negotiated alongside asset division.
7. Legal Fees and Costs: Budgeting for Your Divorce
Understanding the financial cost of your divorce is essential. Legal fees, court costs, and potentially other professional services can add up. Having a clear discussion about these expenses helps manage your budget effectively. Do ask your lawyer for a detailed fee structure and any ways to manage costs, like mediation instead of court trials.
8. Impact on Retirement Plans: Protecting Your Future
Divorce can impact retirement benefits accumulated during the marriage. It’s important to discuss how these will be valued and divided, possibly requiring a Qualified Domestic Relations Order (QDRO) (Texas Family Code §9.102). Consider the long-term effects of any division of retirement plans, and explore all options with your lawyer.
9. Alternative Dispute Resolution Options: Easing the Process
Mediation and collaborative law can offer less adversarial and often less expensive alternatives to traditional divorce proceedings. Discuss these options to see if they might suit your situation, allowing for more private and potentially amicable resolutions (Texas Family Code Chapter 6). Couples who agree on most terms might benefit from mediation to finalize their divorce agreement.
10. Changes to Wills or Estate Plans: Securing Your Legacy
Post-divorce, it’s crucial to update your will and any estate plans. This ensures that your assets are distributed according to your current wishes and not affected by previous arrangements that included your former spouse (Texas Estates Code §123.001). Review and update beneficiary designations on life insurance, pensions, and retirement accounts.
Discuss Your Case With Turner Monahan, PLLC
At Turner-Monahan, PLLC, we are dedicated to guiding you through each step of your divorce with compassion and thoroughness. Going over these key topics with your lawyer not only prepares you for the immediate challenges of divorce but also helps protect your future.
Our team is committed to providing personalized and effective representation tailored to meet the unique needs of your case. Let us help you navigate this pivotal time with confidence and clarity. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
