What Issues Need To Be Dealt Within A Divorce Case?


What Are The Big Issues That Have To Be Dealt With In Most Divorce Cases?

Custody is the biggest issue, and retirement is right behind it, but that deals with the parties. In custody matters, several things have to be considered, for example how that thing is arranged or how it’s for the child’s best interest as well as the parents, and you need an attorney on that.

When you look at the Texas family code on our standard provisions, you go from 35 percent up to 41 percent based on the options you pick. Most people don’t know their options because nobody explains that to them. And reading it to yourself, it is hard to figure out, and that’s why you need an attorney to explain those options over how the children would get back and forth. So, you should never go without an attorney.

Do Clients Need To Have Some Closure From An Emotional Standpoint?

Yes. The closure happens over many months to years, and you don’t want to really go back to it.

There is an old story that can be shared here. When they were looking at pilots over the North Atlantic, the pilots could stay with the plane if it was going down, and they would die. But they’re in a small confined area that they’re used to. If the pilots bailed out with the existing resources and the wet suits they had and the pressure suits and the rest, they could survive in that freezing water up to 15 minutes. And variably, they all chose to stay in the cockpit because it’s what they knew. People are afraid of the unknown because there is so much uncertainty, and that’s really the biggest reason to hire a lawyer.

For most clients, this is their first, possibly their second divorce. But for an attorney, it is literally the thousandth. Attorneys have been there before. They have seen people in all kinds of situations. While every case is unique, lawyers have an incredible amount of resources to draw upon to put a roadmap in front of the client on how this is going to proceed step by step. This is what attorneys are here for, to be your guide from the beginning to the end through what is the emotional process. An attorney can take the fear of the unknown of the divorce process out of the equation.

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What Should A Person Do In Preparation For A Divorce Or Separation, And Can An Attorney Help Them In That Matter?

Absolutely. You look at it in two different ways when you’re entering the divorce process:

  • Are you the one who made the decision?
  • Are you the one who was confronted with the other person’s decision?

If you’re the one making the decision, you have to:

  1. Figure out how you’re going to survive, financially, but also start collecting things. You want to have access to all the financial records you can, because you need to have them immediately, and the debts. Debts and assets usually go together in financial.
  2.  You want as many photos as possible because once the emotional context gets into play, you don’t want to have to be trying to ask an upset soon-to-be-ex spouse for photos of the children, for access to records, because that may be at home that you don’t go back to.
  3.  You want to start figuring out the teachers who’s involved. Most parents are already aware of that, but how the children are going to get back and forth to see each parent if they’re not in the same home, if there’s shift work involved.

The commingling debt, somebody has to be responsible for that debt, so that needs to be charted out but there are many processes to do but it’s really one where you want to know how much resources you have and all the financial information possible.

If there are things regarding health, nowadays you can go online with different software from medical providers to pull the children’s medical records. You want to make sure you have access to that, and so you have access to the doctors, to their medical history, things of that nature, but you need to plan it out very carefully.

And there are many ways of doing it. The law office of Bobby Barina gives people the information that they need to start collecting for the divorce. If the client is responding, they are immediately asked go to the bank and start trying to access as many records as they can, go to the mortgage company if it’s local, and sometimes those loans get sold and sold. And if that’s the case, then the lawyers have somebody go down to the county clerk’s office and look for the deed records, for the property records.

How Often Is A Request For Modification In Filing A Divorce Seen?

Unfortunately, it’s really strange in the modification world. The first question to look at is what do you want to change, and then the attorneys start looking at the paperwork. It is surprising how often attorneys represent somebody in a modification that they did not represent on the underlying lawsuit, the underlying divorce, the underlying petition to establish the parent-child relationship and to establish child support that they want.

The first child support comes up every 3 to 4 years if the parties aren’t staying in close contact. Then, you have to see if that party’s entitled to more child support. But honestly, if they’re going to be entitled to $100 a month more and it’s going to cost them a couple of thousand to find that out, that’s not good business. There are things in the law that allow them to find out a little bit differently and an attorney will try to steer in that direction.

However, in custody, when the children get older and they start expressing themselves a little bit differently and they have a greater relationship with one party because of interests; for instance, if one party lives on a farm and the child wants to be a farmer, the attorney can see where custody would have to be modified. Sometimes parents are able to make their decisions themselves, sometimes they’re not, in which case attorneys will go to court and let the child express their thoughts to the judge privately. But that’s really it.

Attorneys look at child support, they look at visitation that has to be tinkered with, they look at electronic communication, which is something older divorce decrees didn’t have because they didn’t have Skype, Hangout through Google, or FaceTime on their phones to allow people to communicate, but they like to add those in there.

In most cases, there’s always some tweaking to be done on the peripheral as long as it’s not leading into re-opening the old wounds and attorneys are just trying to make things better, advocate it a lot, but that’s the reason; visitation. What if one party moves from being around the street, around the corner from one parent, and they move 2,000 miles away? Then the attorney will have to go back to court to modify how that child gets there.

For instance, there is the Long Distance Provision. Attorneys make sure that one parent who has the child or children goes to the airport to meet the other parent. And the reason for that is when that parent comes in from the other location, they don’t have to rent a car, drive an hour to the house, pick up the children, drive back, go through baggage, and go through everything else. The children are already there, they just simply walk out, walk back in with all the tickets, the required security, clearance and move on.

Long Distance Provision saves hours and hours of frustration and the children have a good understanding of what’s going on or when the children are old enough to travel by themselves, somebody still has to take them to the airport. Visitation has to be modified a little bit off and on to allow for that, and electronic communication is not a replacement, but can be a supplement to visitation that is utilized.

To add to this, looking at the military deployments, what if a soldier, be it a male or female, suddenly has to rapidly deploy because of their job specialty? The office of Bobby Barina has deployed people who have special skill sets around the world. One group was deployed for the first time in decades because of what they do, but they had to deploy to a location in Africa because of the possible Ebola spread, so they deployed, and there had to be a provision for their family to see the children in their absence.

Their parents had to establish and keep that relationship going, that connection with that side of the family, because it’s best for the children and it’s best for the parent to know their children are still involved in their life. The office of Bobby Barina does that as well.

If you are not sure How To Deal With Issues That Arise In A Divorce Case, 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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