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Montgomery County Family Law Blog

Specific steps may make divorce easier to navigate

Ending a marriage is never an easy process for couples in Texas and elsewhere. Unfortunately, it is a process through which nearly half of couples end up going. The good news, though, is that making the right moves may help to ease the sting of divorce.

For example, it may be helpful for those who are going through divorce to seek the support of their loved ones, such as family members as well as friends. These individuals should ideally be able to offer a listening ear and provide advice when solicited. If people who are navigating divorce do not share their feelings with others, they will end up internalizing them, and this can be destructive on both an emotional and a physical level.

Tips may help with managing complex divorce process

Just because people decide to get divorced does not mean that everything else in their lives will slow down to accommodate the process. The reality is that divorce can seem all-consuming, which can make a person's already busy life even more hectic. However, a few steps can help with managing the divorce process in Texas.

First, it is wise to be realistic and cooperative when trying to negotiate a divorce settlement with a soon-to-be ex. This includes not allowing every issue, such as child custody and property division, to become a hostile tug-of-war situation. Unnecessary arguments will not only result in the loss of valuable time but also drain monetary resources that could be put to better use after the divorce.

Resolving child custody conflicts during marital separation

At one point or another, almost all marriages go through rough patches, causing many spouses to use separation as a tool to work through difficult conflicts. In some cases, separation shows a couple that divorce is the best option, while in other cases a separation effectively helps strengthen trust and compatibility within a family.

Whether a separation leads to reconciliation or divorce, the experience is difficult and often traumatizing for the children of a separated couple. Parents often struggle to find the balance between taking the space they need to evaluate their circumstances fairly and meeting the needs of the children they love.

Steps may help with managing emotional part of divorce

The dissolution of a marriage can easily spark contradictory emotions. For instance, a person who is getting divorced might feel ecstatic about being able to live on his or her own again. Still, the person may feel upset with the future ex, as well as concerned about how the divorce will impact him or her long term. Here are some tips for getting through the emotional aspect of the divorce process in Texas.

First, engaging in effective self-care is paramount for those who are breaking up with their spouses. The healthier a person's body and mind are during divorce, the more likely that he or she is to make expedient decisions during mediation or negotiation sessions, for example. Self-care habits that might be helpful to develop include regularly eating healthy foods, practicing meditation daily and getting adequate sleep nightly.

Splitting commissions/bonuses during divorce may cause confusion

Property division remains a major source of conflict for many couples going through the marital break-up process. An aspect of property division that may especially be confusing is the splitting of a spouse's work-related bonuses and commissions. Here is how bonuses and commissions are treated during the divorce process in Texas.

Perhaps a spouse receives an employment bonus for work completed prior to the divorce filing. In this situation, the bonus will likely be deemed a shared asset, or community property. Because Texas is a community property state, this means that the court will divide this bonus down the middle, or 50/50.

Prenuptial agreement offers protection in the event of a divorce

Many young people in Texas and elsewhere today have decided to postpone marriage since they wish to focus on their careers first. Then, when they do decide to get married, they have a lot of assets or even debt to bring to the table. In light of this, it would behoove two people to draft a prenuptial agreement before they walk down the aisle, as this type of agreement will protect their best interests if they end up getting a divorce years later.

The truth is that people generally get married because they love and trust each other. However, marriage also involves signing a contract and merging two people's assets. For this reason, it is wise for a couple to spell out specific terms that favor both of them before marrying, and this can easily be done in a prenuptial agreement.

Absence of emotional fulfillment a main cause of divorce

A number of problems can cause two spouses to end their marriage in Texas -- for example, monetary trouble or even adultery. Still, based on new research, an especially common reason for divorce is the feeling of not being emotionally fulfilled in a marital union. Researchers, in fact, have said that divorce motives that are emotional in nature have increased, whereas motives related to addiction or violence have decreased over the years.

According to researchers, a major reason why spouses get divorced today is that they no longer feel in love with each other. The second most common motive for divorce is a lack of communication between spouses. The reason for this is that, when two people fail to communicate, this can take a toll on their relationship over an extended period of time.

Multiple child custody arrangement options available post divorce

During the process of getting divorced, a spouse may naturally be concerned about who will get custody of the children. In addition, there may be concern that the divorce process will take a negative toll on the children. However, several child custody arrangements may have a positive impact on the entire family in Texas.

First, if the parents can get along, they may decide to try an upstairs/downstairs custody arrangement. With this arrangement, they would live in the same apartment building or home. In this way, the children can see both parties without needing to constantly pack and move between houses. Understandably, this arrangement works only if the parents can live near each other without jealousy and conflict.

How likely are you to get spousal support in your Texas divorce?

When people start considering divorce, they often have goals in mind. For some people, such as those who have had their spouses cheat on them, there may be a desire to create as many consequences as possible for that spouse.

Unfortunately, the law in Texas does not allow spousal misconduct to influence the outcome of a divorce unless there is a valid prenuptial agreement that creates specific penalties to which both spouses agree. When some people realize that they won't receive a larger chunk of the assets, they may start to look at spousal support as another way of punishing their ex or securing a larger portion of the marital estate.

Reducing conflict during divorce is possible

The process of getting divorced is challenging. This is especially true for those who have young children, as child custody can become a major source of conflict during divorce. In addition, fights over marital property can be difficult to deal with. Here are a few steps for minimizing these issues during the divorce process in Texas.

For starters, it is wise to try to avoid fighting over minor things. The truth is, many divorcing individuals are attached to various objects, like appliances in the family home. As a result, parting with these items can be emotional. However, being willing to give up some of these items may help to keep conflict to a minimum during the divorce proceeding.

Vernier & Associates, PLLC Vernier & Associates, PLLC

Vernier & Associates, PLLC
2441 High Timbers Drive Suite 110
The Woodlands, TX 77380

Phone: 281-882-3271
Fax: 832-585-0955

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