(833) 553-4251
(833) 553-4251
When you are contemplating a divorce, you may wonder what steps you need to take to prepare to file. Friends and relatives may have lots of conflicting advice for you, leaving you wondering what to do. Additionally, every divorce is different. Preparing to divorce someone when there is still respect and love between the parties differs tremendously from preparing to divorce someone who has been violent towards you or your children. It is vital to keep your circumstances in mind when preparing for a divorce.
Many people think that they do not need the help of a legal professional until they are ready to file. However, a lawyer could be essential in the preparation for divorce in Austin. A knowledgeable divorce attorney could ensure you understand your rights, gather the evidence you need, help with safety planning if necessary, and warn you about actions you should not take in the lead-up to a divorce.
For partners in a divorce, the breakup of a romantic relationship and the changing nature of family relationships are usually the most prominent parts of a divorce proceeding. However, at its heart, divorce is a civil lawsuit that ends a contractual relationship. The justice system is adversarial, so once parties are involved in litigation, they generally need to approach each other cautiously.
That is precisely the opposite of what parties need to do in the average divorce—especially if there are children involved. Depending on the length of the marriage and other family relationships, a divorce may bring the business part of a marriage to a conclusion. At the same time, the parties still need to figure out how to maintain other relationships, particularly as co-parents. Each party should keep in mind that with the help of an Austin legal professional, they can be cooperative without putting themselves in a vulnerable position while preparing for divorce.
Most couples are able to resolve their differences and come to a settlement agreement for their divorce. However, that does not mean that people should skip the discovery process. Discovery is the process where each party gathers information from the other. It can include information about:
Even if a person believes that the divorce will be resolved by settlement, discovery can be essential. Without it, a person may not have a complete understanding of their partner’s financial situation in order to determine community and separate assets.
While the justice system is inherently adversarial, Texas courts are embracing alternative dispute resolution (ADR) as a way to help people reach settlements, reduce costs associated with litigation, and reduce the adversarial nature of legal disputes. They push it even more in family law, especially when the parties have children.
Mediation is a common option, but it is not always the best solution for people in contentious or dangerous relationships. In those instances, mediation just gives an abuser more opportunities to exercise power and control over the victim. Despite that risk, people should prepare to head into mediation with their partner in order to get a divorce, especially if the divorce is contested. Handling divorce mediation successfully may require preparing ahead of time with a therapist or other mental health professional.
Many partners want to freeze assets the moment they begin to think of divorce. No one wants to face financial devastation. However, moving around assets can come with unwanted consequences. A court could require a party to repay assets or view it as wrongdoing. An experienced Austin lawyer can provide advice about how to protect assets leading to a divorce.
Divorce is neither solely litigation nor solely the end of a romantic relationship. It is a combination of the two and more since many couples need to have ongoing co-parent relationships. Navigating this area can be incredibly complex and highly emotional, but making the wrong decision can leave someone financially vulnerable. An attorney from our firm could help with the preparation for divorce in Austin. Contact us to schedule a consultation today.
N/a
