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Dos and Don’ts of Getting a Divorce

Young Couple Having An Argument In Front Of Male Judge At DeskIf you are considering getting a divorce in Texas there are common steps you should take and avoid to make the process as painless as possible. In the state of Texas, legal separation is not recognized, which means even if one partner has moved out, you are still legally married. When it comes to the reason for getting a divorce, Texas law allows for “no fault” which means you do not have to prove infidelity, cruelty, felony, or negligence —  you can simply file without cause; however, most judges will look for a probable cause.

How you handle a divorce will affect you for years to come. Here’s what you should and should not do when it comes to getting a divorce:   

Don’t depend on your memory.

Even if you have the superb ability to memorize dates, times, and recall events as they unfolded step-by-step, you should not rely on your memory to provide evidence against your partner.

Do document everything.

Keep a private journal of events and their respective dates and times. Write down as much detail as you can. This includes where things took place, what you and your partner were wearing, who was present, the words that were exchanged, and the emotions you felt. If you experience physical or verbal abuse, always report the incident to the authorities and take photos of any bruises or damages to the scene. While this type of documentation will be useful in a court case, you want to avoid oversharing on social media and instead turn to a close friend, family member, and most importantly — a lawyer.   

Don’t neglect talking to children about the divorce.

As a father or mother, it’s common to want to protect your children from feelings of sadness. Even if you and your partner have gone to great lengths to present a happy marriage, you should not shy away from discussing your decision to divorce.

Do explain the situation to children early on.

Talking to your children early on can help him or her cope with emotions and understand the situation from a logistical perspective. Avoid name-calling, criticism, and using the child as an excuse for divorce. If you are feeling nervous or unsure as to how to talk to your children, you should seek advice from a professional counselor or psychiatrist.

Don’t handle separation on your own.

Divorce is an emotional period that can end badly if not handled with care and support. You should never handle things alone. Don’t try to work things out without getting legal advice.  

Do hire a divorce attorney.

A divorce attorney will protect you from the potential loss of valuable assets. He or she will help you see your situation from an unbiased perspective and help you understand your rights. Moreover, when it comes to paperwork, a divorce attorney will save you time on the unruly amount of legal paperwork involved in presenting your case. If there’s one prominent reason to seek the assistance of a divorce attorney it’s that your time is valuable. No sooner can you begin a life of happiness.

Going Through a Marital Separation? Contact Us Today.

At Huerta Law Firm, we understand the common desire to take things into your own hands when it comes to marital separation. It’s never easy but the results have lifelong repercussions. That’s why we want to help make the process as painless and amicable as possible. Contact us today.