PHAM & CLOVES, PLLC

Considerations When Thinking of Divorce

When beginning to consider whether to file for divorce, there are many issues that deserve careful consideration. First and foremost, if you have children, you need to consider who will care for the children during and after the divorce. Texas courts prefer that the children are cared for by both parents in a scheme called joint conservatorship. In a joint conservatorship scenario, one parent gets to decide the primary residence of the child(ren) and receive support for them. The other parent has the exact same rights and responsibilities except the rights to choose the primary residence and receive child support. Many parents under a joint conservatorship plan choose to alternate possession by exchanging possession for equal lengths of time (one week at mom’s then a week at dad’s). This is especially viable when the parents live close by and the children are of an age where this type of set up does not disrupt their routines substantially.

The equal possession routine is not for everyone since it takes a considerable amount of interaction and sacrifice on the parents’ parts. As you can imagine, not all ex-spouses get along after a divorce. For these types of situations, a standard possession order is likely the best plan. It should be noted that, in the case of a standard possession order (you can find this plan in the family code, which is usually accessible online), the parties are not bound to the possession scheme UNLESS they cannot agree to any other plan. Oftentimes, divorced parents will settle into a routine that works best for them and the kids. The standard possession order is merely a default plan in case the parties cannot agree on possession. Child support orders are not as bendable as possession orders can be. Remember, visitation is a right where paying child support is a legal obligation.

Another relevant issue pertaining to divorce is the split of assets and liabilities, both during and after the divorce. If the parties cannot agree on these issues, they can ask the court to enter temporary orders that will govern during the divorce process. Short of court intervention, the parties can mediate temporary orders. This manner of dispute resolution keeps the parties from letting the court decide for them. In addition, mediation can save the parties money since a hearing on temporary orders is very much like a mini-trial and can be very expensive.

There are more issues to be considered when beginning the divorce process. A good thing to do when thinking of divorce is to consult a Veritas Legal Group Family Law Lawyer to determine the right course of action for you that will protect your rights and those of your children. You can reach a Veritas Legal Group Family Law Attorney an 832-484-9015.