By: Leslie Barrows
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Why Starting a Divorce in June is Popular in Texas
Being Organized, Minimizing Disruption, Starting a Divorce in June
Considering divorce? You are not alone. Marriage and divorce statistics show that every year there are tens of thousands of divorce cases filed in Texas courts. Some divorces arise out of tragic situations and others are just a function of parents of children who have grown apart and want to go their own ways. Regardless of the reason, there are always more popular times to divorce and starting a divorce in June is a plan for many divorcing couples with minor children.
You and your spouse may have decided together that you both want to divorce. If your divorce is mostly uncontested, you and your spouse agree on most of the divorce issues. For example, you all might agree on 50/50 property division and shared custody with a standard possession schedule.
What if you are not on the same page and are preparing for a messy divorce? Again, for people with children, not disrupting their progress at school is important to parents. If the divorce is going to be bad, and the kids are going to be upset, starting divorce in June can help take away the sting before school starts in the fall.
Attorney Leslie Barrows is well known in Tarrant and Denton County for being compassionate yet tough divorce and custody lawyer. Call the Barrows Firm in Southlake for a consultation at (817) 481-1583.
Starting Divorce While Children are Away at Summer Camp
June is a popular month for divorce if you and your spouse know your kids will be away at summer camp. Some parents who agree to get divorced may want some space to go their own way when the divorce is filed and served.
Consider the children’s reactions when they return, if they are away. Imagine the surprise a child might have, returning from camp and mom or dad moved out!
You might like our blog article – Kids at summer camp: Fostering positive growth and development. There are so many great summer camps in the Texas Hill Country!
Scheduling a Temporary Orders Hearing Before Kids go Back to School
While a Temporary Orders Hearing is not mandatory, it is an element of most divorce cases where there are issues in dispute. If everything is otherwise agreed, for a Temporary Orders Hearing there is no need. That said, most divorces require Temporary Orders, to initially determine who lives where and who pays for what. It is important to take the Temporary Orders Hearing seriously because it is common for the terms of the Temporary Orders to carry over at the Final Trial and be incorporated into the divorce decree.
Here is another blog article on our site that touches upon Temporary Orders Hearings and other similar issues – Divorcing with Children 102: Child Custody.
Tips to Know About Getting a Divorce in Texas:
- Texas is a No-Fault Divorce State;
Texas divorce and child custody law is found in the Texas Family Code. Our family law code in Texas is unique and notably different from other states. While you do have an option to plead a fault ground for a Texas divorce and have a jury trial on some issues, Texas is a no-fault divorce state. The no-fault ground is called “insupportability,” and the court may grant a divorce without regard to fault when the court finds the marriage to be insupportable. Discord or conflict of personalities that destroys the marital relationship and prevents reconciliation is all the must be found by the court.
- Texas Does Not Recognize Legal Separation;
In Texas, you are married until you are divorced. This is a good issue to illustrate to new Texas residents married in other states, how divorce and family law is different here in Texas. There is no legal separation in Texas, it is not recognized. So even if you and your spouse decide to live apart in separate homes, everything you all own together is community property. It does not matter how the property is titled, Texas is a community property state so your property and debts are community until you are divorced.
- Divorces Take Time and Do Not Happen Overnight;
Even in Texas counties where new courts have been added and new judges taking the bench, the court dockets are busy with a significant number of cases. Judges and their courts make every effort to give everyone the time and attention they need to resolve divorce and custody issues for their family, but it takes time. What helps the process is being prepared for hearings, being organized for your lawyer, and taking advantage of opportunities like mediation, to agree on certain issues so everyone can focus on contested matters. Even if everything is uncontested and you start divorce with a comprehensive agreement you still must wait 60 days after a petition is filed for your divorce to be finalized.
- Always Hire an Experienced Lawyer for Divorce and Child Custody;
Especially when child custody is an issue in your divorce, it is in your children’s best interest to hire an experienced divorce and custody attorney to look out for their best interests. Even if there are no minor children and no custody issues, the process of divorce is complex and you are expected to know the law and understand procedure if you attempt to represent yourself or use an attorney who does not know the Texas Family Code. Also, it is important for both you and your spouse to hire separate divorce attorneys. Making sure everything is done correctly and fairly is important.
- How to Save Resources for Your Family and Future Children’s Expenses.
Identify what is really important to you and your family. If you have a serious problem with the other parent having shared custody, fight for it. If you just want to punish the other person for failing to meet your expectations, put your pride in your pocket and move on. How you approach divorce sets the tone for future communications and co-parenting. Take advantage of mediation and out-of-court settlement options. Save the important things for hearings and trial. Turn over your documents in discovery. Hiding from or disturbing the process only leads to more time and resources that are better used paying for your kid’s college and future expenses.
Interested in Starting a Divorce in June? Call the Barrows Firm in Southlake (817) 481-1583.
The Barrows Firm attorneys in Southlake can help you with a divorce in Tarrant County and in Denton County. The first step is putting your trust in an attorney and a firm with which you feel comfortable. Our Texas divorce and custody attorneys have years of experience working with all kinds of families and challenging cases. We create the right strategy for you and your family, making the best interests of your children a top priority.
Call us at the Barrows Firm in Southlake at (817) 481-1583 to schedule a consultation for starting a divorce in June.