By: Leslie Barrows
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5 Reasons Divorce Lawyers are Busy in January
Divorce Lawyers like Attorney Leslie Barrows are busy with January Divorce and Child Custody Cases
Divorces, child custody, and modification cases are filed more frequently in January, right after the holidays are over and children go back to school. Southlake divorce lawyer, attorney Leslie Barrows knows that people who do their research, find that January is a good time to file their family law case, get their discovery documents ready, and hopefully have their Temporary Orders hearing before spring break and Easter.
Anyone considering filing a new divorce, child custody, or modification case should get the right legal advice from experienced divorce and family law attorney they feel they can trust. Your divorce lawyer needs to know everything about you and the facts of your case so they can represent you with the best strategy to get you what you need.
Read our article, Divorcing with Children 102: Child Custody
To learn your legal rights and options, call Southlake divorce lawyer Leslie Barrows at the Barrows Firm to schedule a consultation for divorce, child custody, and modification cases. Attorney Leslie Barrows is also a family law mediator. Call (817) 481-1583.
5 Reasons Divorce Lawyers are Busy in January:
1. The Holidays Give People Confirmation they are Making the Right Decision
When a marriage is failing and the distance between spouse increases, it is easier to avoid conflict and fights. In many troubled marriages spouses who once pledged their undying love for one another end up becoming more like roommates.
The holidays involve stimuli that pull us out of our routine and comfort zones. Seeing friends and families can remind us of all kinds of things that make us naturally question ourselves and if we are happy in our lives. For those who know things are not good, they may want to let relatives know over the holidays if there is a divorce coming up soon.
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2. Kids are Back in School and Young Adults are Back in College
By the middle of January, the older children in college are starting their spring semesters in college and the younger ones are settled back in their school routines. Many people wait until after the holidays to get divorced because they are not disrupting Thanksgiving, Christmas and New Years with a substantial life change like a divorce.
We all want to give our children and ourselves the best holiday experiences and memories. By waiting until January to start a family law lawsuit, we don’t disrupt anyone. Divorces filed around the beginning of the year usually have their Temporary Orders in place before spring, and everyone has time to get used to possession schedules and new living situations.
3. Other Business May be Slow and January is a Good Time to Start a Divorce
In many industries, January is a slow month and people have more time to work on their divorce case. In a new divorce, child custody, or modification case there are discovery document requests and exchanges, depositions and interrogatory questions to answer. The process of exchanging discovery can be extensive, so being able to devote some extra time to your case may be easier for people if they are in a slower month at work.
Waiting until the new calendar year might also make it easier to determine estimated annual income and expenses. Some people who receive variable year-end bonus income will be asked to determine their current income after the end of the calendar year. There are many other reasons January is a cleaner and easier time to start a divorce lawsuit.
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4. Possession Schedules Do Not Work and Co-Parents Need a Modification Case
As children grow older the possession schedules that used to work, might not work any longer. For example, kids in junior high and high school get busy with extracurriculars. Many teenagers prioritize spending time with their friends and playing sports. The possession schedules set in place when the children were younger, might need to be revisited. To get new final orders for co-parenting and possession, a modification case is necessary.
A modification case can be amicable when the co-parents can agree on new possession arrangements that work best for everyone. What gets more contentious are the cases filed to modify which parent has the exclusive right to determine the residence of the children. Where family violence is alleged, joint conservatorship is at issue and one parent will likely become the sole conservator and have the right to determine where the child lives.
Learn more about Texas Child Possession and Access Schedules
5. A January Divorce Filing Can Lead to a Temporary Orders Hearing before Spring Break
At a Temporary Orders hearing the parties in a family law case have a short hearing to determine who will live where drive which cars, and pay for which bills while the divorce case is active. In emergency cases involving family violence, a protective order can issue and can order the offending party to leave the marital residence.
Temporary Order hearings are designed to ensure the best interests of the children and to order the continuation of the status quo while the divorce suit is pending. Until there are temporary orders the parties are not encouraged to be taking vacations out of town with the children. Once there is a Temporary Order that says who can do what and how parents can make plans. To make sure you get everything in place before spring break and Easter, January is the time to get the ball rolling in your family law case.