Frequently Asked Questions About Divorce In Texas


What Are The Common Misconceptions People Have About Working With An Attorney Through A Divorce?

There are many misconceptions, but the common one is that the attorney is going to be too expensive, they’re simply there to take their money, they don’t care, they’re looking to make the process dragged out for more money or possibly go too quickly and not really take the time to get to know somebody.

These are the kinds of misconceptions that the office of Bobby Barina has to deal with when clients are brought in to their initial consultation.

A lot of people come in and simply think a divorce is nothing but paperwork, and that’s all. That’s one of the major misconceptions when people try to do it themselves. Attorneys not here just for paperwork, they’re here to explore options, to find out who their clients are, to tailor a process that’s specific to them and their needs and also their family’s needs.

What Are The Most Common Reasons That People Give For Wanting To File For Divorce?

There are many reasons. The most common reasons tend to be financial, they disagree on what to do, and they’ve grown apart. Texas has a no fault divorce, also called Insupportability. People look at that and say, “We just want to go our different ways”, or, “Our careers have taken different directions. I am going to end up having a move or go back to school, we can’t decide what to do about our children.”

There are a lot of people who are too young, and there are also fault days where you’re dealing with adultery, cruelty, things of that nature, but really the common reason is, “We simply don’t wish to be married to each other anymore because we’ve grown apart. We’re no longer compatible.”

Is There A Typical Divorce Client Seen More Often Than Others, Whether It’s Age, Gender, Or certain Financial Needs?

Currently, in Central Texas, Fort Hood is the largest military base in the free world, and has a very young population.

There are also a number of local schools and colleges where you see young people, around 21 to 25, both male or female, and they’re just really starting to establish themselves financially, and that’s when they realize, “We met, there were some things going on and we were very compatible with each other in the point we were in our lives. But now, we begin to explore where our careers are going to go, what our thoughts about when we’ll have children,” and they realize they’ve grown apart.

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In such cases, it’s usually seen when they’re young and then there is a gap and then they’re a little bit older, 35 to 40, where they’ve already gone through that cycle of establishing who they are and they’re starting to return home or the nest is empty, the children have moved out of the home and then they come back to where they’re needing divorce because they’re no longer compatible and they just don’t want to be married because there’s nothing to keep them together anymore.

Do Women And Men View Or Handle Divorce Differently?

They are very different. Really, they are different among women and different among men. When you look at a woman who is coming into a divorce situation and they’re in the workforce or they’re not in the workforce or if they have children, they view it very differently.

When the men come in, it’s the same as the wife; they have children or they don’t have the children, and they view the divorce very differently. But men tend to want to look at it like, “Okay, we’re getting divorced now. There are going to be these major changes,” and we kind of have to pull them back into thinking about this as a process that’s ongoing.

Divorce really never ends if you have children; if you don’t have children, then attorneys look at it just for dividing the property and women tend to look at it like they don’t want certain aspects of their life to change. If they were stay-at-home, for example, they prefer to have the resources to continue that.

There is going to be somebody else who is going to have the children with them, so they’re not going to have the children fulltime. And because they’re going to have the children with them at least 35 to 41 percent of the time, during or after they enter the job force, they have to think about how that’s going to go. Men still can reenter the job force much more easily than women do.

So, if women are outside the job market for a little bit, the skills they have in what they’re doing tend to become dated, much like a cell phone. A cell phone changes over time as the technology changes, and that’s how the job markets move as well. For some reason, men just seem to be able to enter more easily because it seems to be more acceptable, and women find it difficult to go back in the same position they were before.

How Is A Successful Outcome In A Divorce Case Defined, If That Can Even Be Applied?

It’s hard to say that there is a winner and a loser, but there are cases where the attorney is required to meet the goals as given to them by their clients, and that’s a success where they work together, they come up with the list of goals and objectives, and they meet them. Once the attorney gets a chance to talk to the clients, they look at what realistic goals are.

Many times, you’ll have a client who says, “I want the house,” but they don’t make enough to pay for the house. What if they take the house, which is worth a good deal of money, and the other party takes cash and other things that aren’t subject to capital gains taxes? What if the client can’t pay for the house and suddenly they have to sell it, so they sell it for a good chunk of change and then they’re hit with the capital gains and suddenly they’re broke? The successful outcome starts with goals and objectives. The client has to explore them together with their attorney and they discuss how to meet those goals.

In a child custody situation, a successful outcome is reached where you can look down the road and say, “This child is going to grow up in a loving environment and is going to have the best possibility to succeed and be a contributing member of our society and influence others around them in a very positive way.”

Success is looking at parental differences. Some of them have greater strengths and an attorney needs that ability to look at it to make sure you know which ones they are. Success is deciding which parent should have the child, whether it’s the client or not, and that can take a great deal of persuasion to get both parties to see your point of view.

There are ways to make their message known even to their representative party by the things attorneys say in court, the things they say in their negotiations, and the things they say in their mediation process as they roll together before they break up in separate limbs. That’s how success is defined—in meeting those goals.

If you need answers to more questions regarding Divorce and Family Laws In Texas, contact the office of Bobby Barina at (254) 699-3755 or toll free at 254-699-3755 for a FREE Initial Consultation.

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Get your questions answered - call me for your free, 15 min phone consultation (254) 699-3755