Divorce

If you are facing or contemplating divorce, it can elicit many different feelings.  Perhaps for you, it’s…

  • a shock.
  • a recurring thought.
  • not wanted.
  • a relief.
  • messy and complicated.

If you are currently going through divorce, perhaps the experience has been…

  • emotionally, physically, and/or financially draining.
  • mutual and uncontested.
  • long and drawn out.

Divorce is often a complicated life event that can be difficult, confusing, and painful. You may have so many questions that you don’t even know where to start. You may be asking yourself how you’re going to survive this financially; maybe you’re worried about your kids and how to talk to them about divorce; perhaps you’re wondering if you’re even legally married or if your marriage can be annulled; maybe you’d like to explore options for reconciliation first; or like some, you’ve done your homework and you feel confident this is the right decision for you and you’re now ready to move forward.

Whatever the case, our experienced team is ready to walk alongside you on this journey.

“Doing the next right thing, is always the right thing to do.”

- Margo Ahern Fox

5 ways to resolve your divorce

If reconciliation is not an option for your marriage, there are essentially 5 ways to resolve your divorce in Texas.

  1. the kitchen table approach
  2. negotiation
  3. mediation
  4. litigation (bench trial or jury trial)
  5. collaborative law

No. 1 is often done “pro se” which means without legal counsel. These are the do-it-yourself divorces typically.

No. 2, 3, & 4 can be done with 2 lawyers, 1 lawyer, or no lawyers on either side.

No.5, Collaborative Law, requires that both parties have attorneys, and can include a mental health professional (MHP), and possibly a financial professional (FP). Our firm believes that Collaborative Law can be a good option for many clients.

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What’s My Next Step?

If you’re considering divorce, or in the middle of a divorce, and would like legal advice before taking that next step, we welcome the opportunity to meet with you to discuss your case and discuss our Divorce 5-Step Process to see if our firm is the best fit for you.

Step 1: Emotional/Spiritual

At all meetings, particularly our first meeting together, we will discuss your emotional/spiritual health and well-being. We believe that this is the first step because if you are not at least moderately well in this regard, you will not be able to make some of the most important decisions for yourself. We have a vast array of resources available to us that we will discuss when the need arises throughout your case.

Step 2: Legal

This step involves a review of the Texas Family Law Code and the Court in which your action is filed or may be filed. Depending on your case and whether it is a divorce, modification, enforcement action, termination or adoption, etc., we will review the law surrounding your case and its issues and discuss what is likely to happen given the law, the court and/or county in which your case is filed. High-asset divorces often require specific legal knowledge regarding securing and protecting your assets.  Knowledge of the law and experience practicing the same is paramount.  At Fox Law, we pride ourselves in keeping apprised of the legal concepts necessary to navigate our clients successfully through the divorce process.

Step 3: Financial

We strongly believe that our role as your attorney is to help preserve as many of your assets as possible. This step requires your assistance in providing your documentation and information regarding your case.  If your case is a divorce case, we will provide you with forms to aid in your recovery of documentation. We know that for some, this step can be particularly daunting, but we are here to help. Gathering information regarding your assets and debts is critical to understanding the marital estate.  If you are able to gather the necessary documentation, doing so will aid in the compilation of data that we will need. If you do not have access to accounts and/or documentation, we have legal options such as discovery, subpoenas, and even court intervention  that we can employ when necessary. Sometimes, a client needs financial education in order fully understand the breadth of the marital estate.  In addition to our Fox Law team, we have relationships with financial advisors who, if the client requests, can assist the client in understanding financial concepts and gathering documentation related to their estate.

If your case is a modification case or enforcement case, we will talk you through obtaining the necessary documentation. Fox Law has contacts and professionals that are revered in their industries that can assist us in evaluating both areas.

Step 4: Costs of Litigation

Our firm operates under an Evergreen Retainer which means that when you retain our firm, your funds are deposited into an IOLTA account. These funds belong to you until we bill from your account. When your retainer reaches a minimum and/or we anticipate costly litigation in the near future, we will ask you to replenish your retainer.

Several years ago, at the request of our clients, we put together a Possible Litigation Fees Checklist. This document provides a breakdown of your expenses in each area of the litigation process. This step is so important that we bill approximately 26 times a year and discuss your IOLTA account at most meetings and during most phone calls. While we want to work to preserve your assets, we also know that you may need to utilize your assets in order to assist with attorney’s fees. We are in the job of empowering our clients and helping them rebuild their lives and we also understand that the costs to maintain counsel may be too high resulting in the need for withdrawal of counsel. If this occurs, we will work with you so that you can be in the best possible place for moving your case forward.

Step 5: Parenting/Co-parenting Needs

We see so many cases involving children. We see parents needlessly fighting and putting their children in the middle. The cost is enormously great, both financially and emotionally. When you come to see us and if your case involves children, we do several things to address severe conflict.

We first attempt to make sure you are working well in Step 1 above, then we try to minimize the tension by putting in place some parameters either through the court’s assistance or the assistance of other professionals such as a Guardian ad Litem and therapists. You will, no doubt, continually learn how to navigate the needs of your children throughout the process.  If you cannot work with the other co-parent, we will try to find a way to help the coparenting relationship so long as you both are willing to work together. If you end up in court, you will want to be the parent who has made all reasonable attempts, worn the white hat, and done the “next right thing, every time.” Just because he/she did something wrong to you, does not mean it is appropriate to react similarly. Turning the other cheek does not mean you are weak. It means that you can rise above and do what is right for your children. Let the bad facts about the other parent speak for themselves in court.

To learn more about divorce in Texas

What if I change my mind after filing for divorce?

Our firm would like you to know that if at any point you and your spouse wish to pause the divorce process and work on reconciling your marriage, we will absolutely support you and your spouse in your efforts to do so.  If your spouse has retained an attorney, we can work with his/her attorney to see about putting the case on hold for a period of time and can provide you with additional resources for helping you navigate reconciliation if requested.