How Do I Know When It’s Time To Get a Divorce?
Getting a divorce is a tough decision for anybody. When you enter a marriage, you never expect that it will end in divorce. Yet, almost 50% of marriages in the United States end in a divorce, with that number increasing for second and third-time marriages. This number is quite shocking, yet it reflects reality for a huge percentage of married couples throughout the country.
Knowing when it is time to divorce your partner can be extremely difficult, and there is no one formula for figuring it out. This is a very personal decision that should be made after a lot of thought and consideration. When you believe it is time to start the divorce process, it is important to get prepared and hire legal representation to help you prepare to file your case.
Skillern Firm has a team of highly skilled divorce attorneys that can help you navigate through your divorce. We represent a wide range of clients with completely different needs through their divorces. Because of this, our lawyers have unique skill sets that position them among the best divorce attorneys in the state of Texas.
We believe in finding hope on the other side of a divorce and we truly care about what you are going through. Our lawyers are prepared to fight for your best interests, whether through mediation or litigation.
Contact our law firm today to arrange a consultation at 936-213-8479.
Common Signs You Should Get a Divorce
Divorce is a uniquely personal decision, and a difficult one. You should never get a divorce based on information that you find online, and you should always speak with family members, friends, or a family therapist before deciding to divorce. Some of the most common signs that a divorce is a good option for you include:
Unhappy Marriage
A healthy marriage usually has a strong emotional connection between spouses, healthy communication, physical intimacy, and both spouses on the same page about life issues. When any of these are missing, it can lead to an unhappy marriage. It depends on you whether any of these issues are deal breakers. However, people tend to notice when they are in an unhappy relationship.
If you have communication issues, feel lonely, have past issues that cannot be resolved, have a lack of intimacy, or if your feelings in the relationship have changed, you may consider getting a divorce. Some people that come into our law offices say they have had one foot out the door from their partners for the past while, and they are ready to start a new life.
Emotional Abuse or Domestic Violence
Domestic violence and abuse can cause significant problems in a marriage. Almost 35% of women in Texas will experience domestic violence at some stage in their lives. Knowing when to leave a marriage is often difficult for victims of domestic violence, as there are many barriers to leaving.
If you are a victim of domestic violence or abuse, it is important to know that there are many resources available for you to seek help, including AVDA and the Houston Area Women’s Center.
Deciding to leave a marriage involving domestic abuse can be extremely difficult, particularly if you have a joint account, are reliant on your spouse for money, or are in fear for your life. If you reach a point when you are ready to leave, please know that there are many resources available for you.
The attorneys at Skillern Firm can help you get a protection order against your spouse to ensure that you and your children are protected. We will handle the legal matters of the divorce for you to ensure that you have the time and space to transition to a new way of life.
Cheating Spouse
Infidelity is a major problem in marriages. When one spouse puts their own needs over the relationship and cheats or has an affair, it can be a deal breaker. Overcoming trust issues after infidelity can be quite difficult, and many couples struggle to stay married after the other spouse cheated.
If you no longer feel confident in the relationship because of infidelity and feel that respect is non-existent after an affair, it can be a clear sign that the marriage is over.
Different Future Expectations
Within relationships, it is common for couples to have different expectations. However, for some people, there are some things that are non-negotiable. This could include having children, living in the suburbs, giving up employment to take care of children, how to spend or save money, or moving states.
When both spouses have different future expectations and neither is willing to compromise on these expectations, it can create a rift within the marriage. If you no longer communicate about having children, for example, yet you are completely set on having children, this can be a bad sign for your marriage.
Fixing a Marriage
Deciding to get a divorce is a major decision. If one partner is leaning toward divorce more than the other, you may want to first talk about your expectations and see if the marriage can be repaired. Many couples can restore their healthy relationship through marriage counseling or couples therapy.
Speaking with relationship experts can help you fix your communication problems, speak about the existing problems in your relationship, and try to bring about a change in the marriage. If you and your spouse have been together for a long time, it is worthwhile to speak with a licensed therapist or relationship expert about your marriage before deciding to divorce.
If you are in an abusive relationship or if there have been instances of domestic abuse, we strongly advise against trying to repair the marriage by speaking with a relationship expert. The most important thing to do in these cases is to come up with an exit strategy, ensure you and your children are safe, contact an attorney to help with the divorce, and get personal help from a clinical psychologist.
Types of Divorce in Texas
Couples in Texas can get a fault-based or no-fault divorce. Most couples today opt for a no-fault divorce, as it removes the requirement of proving that the other spouse caused the breakup of the marriage. This can make the divorce process a lot smoother and faster.
However, if you want to file a fault-based divorce, you can do so on the grounds of adultery, cruelty, abandonment, felony conviction, or mental incapacitation. We recommend speaking with a divorce attorney from our law firm before filing for a fault-based divorce. They can advise you on how to prove fault in divorce proceedings and build a strong case on your behalf.
If you opt for a no-fault divorce, you do not have to prove that the other partner caused the marriage to break up. This type of divorce can lead to a 50/50 split in the property and assets and is a good option for those who want to have a faster divorce without a lot of blaming and fighting. No-fault divorces still can be contested.
Contested Divorce
Most no-fault divorces in Texas are contested. A contested divorce is when both parties do not agree on ALL terms in the divorce, such as child custody, child support, division of property, and spousal support. Unless your marriage was short and did not involve children, it is unlikely to be anything other than a contested divorce.
During a contested divorce, both parties must negotiate the terms of the divorce settlement and try to reach a fair agreement that works for both of them. It is recommended that couples try to negotiate a settlement through mediation. However, this depends on the relationship that you have with your partner and whether there was domestic violence involved in the relationship.
While awaiting a final settlement during a contested divorce, a Judge will usually issue temporary orders for vital matters such as child custody and who remains in the family home. Often, the decisions taken in temporary orders can affect the final divorce decree. So, it is important to have strong legal representation from the beginning of your divorce proceedings.
Divorce Issues To Resolve
For some people, the most challenging decision is not whether to get a divorce, but deciding on marital issues during the divorce process. When you and your spouse’s lives are bound together for so many years, it can be complicated to separate these things after a divorce. There are many different things you need to resolve during a divorce, including:
Property Division
This includes all physical property and assets that you and your partner have together. As Texas is a community property state, only the property gained during the marriage will be divided between you and your spouse, unless it was acquired by a gift or inheritance. The division is not 50/50 but on a ‘just and right’ basis. So, you will need to prove that you are entitled to certain property and assets.
Child custody
If there are children involved in the relationship, you need to figure out a conservatorship arrangement. Conservatorship is the word used in Texas courts to describe “custody.” Parents are generally appointed as joint managing conservators and one parent is given the right to determine the primary residence of the children and the other parent is given visitation with the children. It is possible to get sole conservatorship, but you need compelling facts.
Spousal Support
If your partner was the primary earner during the marriage and you took care of the children, you may need spousal support to support yourself after a marriage. The requirements for spousal support are quite strict, and you must be married for at least 10 years to qualify under one portion of the Texas Family Code.
Resolving these issues is best done through mediation, if possible. In mediation, you should always hire a divorce attorney to represent your best interests and ensure that you get the fairest divorce settlement possible. If you cannot resolve these issues through mediation, your lawyer can represent you in court in a divorce trial.
Do I Need To Hire a Divorce Attorney?
If you are considering divorcing your partner, it is vital that you contact an experienced divorce attorney. Although you may not think it is necessary for your marriage, divorces can get quite messy. When money, assets, and children are involved, it can be extremely difficult to make important decisions.
You and your spouse will probably have different feelings about what is in your and your children’s best interests, and it is difficult to see clearly when there are emotions involved. Hiring a lawyer is the best way to ensure that your best interests are protected while promoting an amicable resolution of the marriage with your ex-partner.
A divorce lawyer can help you understand the divorce process, including what issues you need to resolve, the legal process, and what you are entitled to. They can represent you through mediation and help you resolve issues with your ex-partner amicably. If you cannot resolve the issues through mediation, they will represent your case in court and petition on your behalf to the Judge.
A lawyer will take the stress of divorce away from you. They will ensure that all documentation is submitted on time, that paperwork is filed correctly, and that you do not lose out on assets or property. If there are children involved, they will help you see the children’s best interests without letting the relationship get in the way.
How Do I Know When It’s Time To Get a Divorce? – Contact Skillern Firm
Knowing when to divorce your partner is a highly personal decision. Nobody else can make that decision apart from you and your spouse. If you are thinking about divorce, we recommend speaking to your family members, friends, and your family therapist to get a better idea of how you are feeling. This decision is tough, so it is important to give it time and assess what is best for your future.
If you decide to start divorce proceedings, the first step is to hire an experienced divorce lawyer. At Skillern Firm, we have a team of highly experienced divorce attorneys that can help you every step of the way. Our lawyers can help make the process easier by dealing with all the legal work on your behalf. We will represent your best interests when doing the paperwork, in mediation, and, if necessary, in court.
Our team of attorneys has won multiple awards and recognitions for their hard work in divorce cases. We have four attorneys that are Board Certified in Family Law by the Texas Board of Legal Specialization, which is a recognition given to just 1% of family law attorneys. When it comes to divorce, experience matters, which is why we recommend contacting us at Skillern Firm to represent your case.
Call our law firm today for a consultation at 936-213-8479.