Is Your New Year’s Resolution to File for Divorce?

People make many resolutions to start off the New Year, such as dieting, joining a health club, giving up smoking and getting their finances in order. As we begin 2016, there is yet another resolution on the minds of many individuals and that is to get a divorce.

January is often called “the divorce month” for attorneys because so many people finally decide to get off to a fresh start and undertake this life changing ordeal. Some individuals will initiate the process by contacting an experienced divorce attorney for a consultation to discuss what their rights and options are.

Some couples believe that the process of getting a divorce will be quick and easy, since the two have “talked things over and we have agreed on everything.” What this really means is that the couple has come to terms with the fact that they no longer want to be married and that they are in agreement that a divorce is necessary and they want to keep the case “uncontested”.

Unfortunately, these types of cases are few and far between and most cases end up being “contested” rather than “uncontested” because the original agreements become disputed and emotions take over. Issues arise when trying to come to terms with negotiating how the community property will be divided, as one party refuses to give in to the other. When it comes to splitting up the money earned during the marriage, emotions escalate even higher. The spouse who has contributed the most financially generally feels most entitled. It is important to remember that Texas is a community property state so assets, including monies earned (i.e. income), are typically divided fair and equitably to both parties regardless of who earned more during the marriage.

Just when you thought emotions couldn’t get any worse, child custody and child support issues arise and you have to consider what is in the best interests of the children. Children play a very significant role in the divorce process and their lives can forever be affected by how their parents deal with divorce. I always say that the better the two adults handle this stressful situation, the better and healthier the children will be in the long run.

Those of you who have decided to file for divorce, or are contemplating divorce in 2016, need to be patient and understanding while contemplating this endeavor. If you and your partner have exhausted all other efforts to stay married, you should seek the advice of an experienced family law attorney to help you through the process.