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An Introduction to the Divorce
Process in Dallas Texas
Separation
Filing for Divorce
Temporary Divorce Orders
Conducting Divorce Discovery
Mediation and Settlement
in the Divorce Process
Collaborative Representation
in the Divorce Process
Divorce Trials In Dallas
Decree of Divorce
Appellate Process in
the Dallas District
Divorce Modification
Paternity
Adoption
Grandparent Access
Child Protective Services
Abuse
Divorcing a US Military
Service Person
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Separation
Community Assets and Financial Stability During the Divorce Process
Dating During the Divorce Process
Avoiding Adversity and Contention During the Divorce Process
Texas is not a state that recognizes legal separation.
However, your conduct in this period can impact the terms of
your divorce. An example: Let's assume that you and your spouse
have reached a tentative agreement on the division of property
and custody, so you decide to separate and work out the details
later. Once you leave the house your spouses' desire to be
separated may have been satisfied. This affords your spouse the ability
to make arbitrary settlement demands and delay the resolution of
your divorce, perhaps being additionally driven by new feelings
of resentment or retribution. Your staying could give you the
leverage necessary to expedite the divorce. The more your spouse
wants a divorce, the more concessions they are usually willing
to make when it comes to community property and children.
Caution: If you believe the possibility of physical violence
exists, you should not risk your safety for strategic settlement
consideration. You should remove yourself from any situation you
consider to be dangerous.
If custody and visitation may ultimately
become contested issues, leaving your house during
separation may also have an impact on the conservatorship the
Court awards. If you leave the residence, and subsequently your
spouse and child(ren), it may be viewed through a framework of
abandonment of your family. A good
tenet to keep in mind is that the possession and access you and
your spouse adopt during the separation often is a guideline
used by the Court to establish the possession the Court will
order in the divorce decree. If you take weekend visitation, the
Court will be likely to award weekend visitation. Similarly if
you and your spouse share custody during the separation, the
Court will be more likely to award joint custody.
Without having a compelling reason, the Court generally doesn't
like to change the status quo. That is why it is important that
you consider conservatorship issues before
physically moving.
If it is likely your divorce may become contested, the
easiest way to guarantee your financial stability, and to
facilitate a reasonable settlement, is to take control of
available community property and transfer it to your exclusive
use prior to separation or filing. Notwithstanding, this may
entail a significant and unsavory downside, as it can quickly
make the divorce process considerably more adversarial. However,
if it is likely your divorce will be contested, and your
continued financial stability may be threatened, a joint savings
or checking account is the most liquid asset for immediate
financial needs. It is much easier for you to give your
spouse half of what you transferred than to argue for the Court
to award you your half.
If most of the community assets are in your spouses name, it is
critical to get into court as soon as possible and get Temporary
Orders. Financial instability may prompt you to adopt a division
which is less than fair, and the longer your spouse has sole
access to community property, the easier it will be for them to
hide or secret these assets.
Typically casual dating won't affect the Court's division of
property or the custody of the children. If you begin to spend
considerable amounts of time with a new person, or if it comes
out you spent the night with this person in a hotel room, it may
create an image of you as having questionable judgment,
especially if child custody is a contested issue. If your dating
makes your spouse upset or jealous however, it may make them
unreasonable. A vindictive spouse can quickly make a divorce an
expensive, time consuming, and emotionally draining process, as
well as a considerable source of confusion for your child(ren).
Your desire should be to stay amicable and rational with your
spouse throughout the process.
Divorce is an emotionally charged process; the following
guidelines will make things easier on you, despite what your
initial response may be. Once it becomes likely your marriage is
going to be dissolved with divorce, avoiding adversity and
contention from the beginning makes it markedly easier to
continue on a course of minimal stress, during an already
extremely trying time.
- If you no longer love your spouse, substitute courtesy.
- Always be skeptical.
- Information is power; don't tell your spouse more than
you need to.
- Walk away from heated arguments or conflict.
- Expect your spouse to resent your lawyer and attempt to
undermine your trust and confidence in your attorney.
- Do not enter private negotiations without your lawyer's
knowledge and advice. The lawyer has a unique ability to use
absent authority on your behalf, as well as the experience
and knowledge related to the process you have undertaken.
- Don't make agreements or sign anything without talking
to your lawyer first.
- Use your lawyer as a buffer, learn to say "talk to your
lawyer and have him talk to mine."
- Don't rub in your legal victories. Losers try to get
even.
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