Category: Divorce Attorneys

Spouses who retain the help of a divorce attorney as they file for divorce might wonder what will happen next and how the negotiations in their case will progress.

Although every divorce is different, divorce lawyers can at least point out that there are numerous ways in which they are also the same.

Acknowledging this, here are some points that divorcing spouses can think about beforehand to make working through their divorce easier and more productive.

• Divorce Goals - Spouses should begin by discussing their wants and needs for their divorce with their divorce lawyer so they are both working toward the same goals.  
• Living Arrangements - Divorcing spouses should consider their living arrangements and come up with an agreement about it, whether one spouse leaves or spouses decide to live together peacefully during their divorce process. 
• Collecting Important Documents - Divorce attorneys recommend that spouses begin collecting all necessary documents to facilitate their divorce as soon as the case is underway. Gather documentation such as marriage certificates, birth certificates of any children, financial records, property titles and deeds, credit reports, retirement and investment statements, tax returns, records of any marital debt, communications between spouses that might serve as evidence and other evidence.  
• Negotiating Property and Custody - If communication is civil among spouses, start discussing things like the division of marital property and child custody so that getting through the official negotiations with their divorce attorneys will be faster and easier. If doing so causes contention, spouses can just wait until they are able to negotiate with the assistance of their divorce lawyers. 
• Settling Out of Court - Consider whether settling out of court is the main goal and how negotiations will transpire, whether through a mediator, or some other way. Spouses will have to work together to do so. Clients of divorce attorneys should also consider the possibility of mediation failing and ending up in court if a successful agreement is not possible.  
• Continuing On Afterward - With so much attention on the proceedings, many spouses forget to create a plan for themselves once their divorce is final. Spend time planning with regard to deciding on living accommodations, finding employment if necessary, and most importantly, leaning on a support system of family and friends that can help with the recovery and grieving process. Create new routines, practice self-care, and look ahead toward a positive new future.

Some of the biggest challenges that happen during divorce proceedings are caused when spouses are unprepared for the process or what might happen during the negotiating.

Experienced divorce lawyers recommend that spouses consider these important points as their divorce begins, then work together as much as possible to progress to an outcome that both are prepared for and reduce the strain that can happen as the divorce progresses.

Everyone will be happier and less stressed in the end.

The division of marital property in a community property state like Texas is one of the more complicated parts of the process that divorce attorneys help their clients through.

What can make the process even more complex is when assets are commingled.

Commingled assets are those that cannot be easily or precisely divided up by divorce lawyers and their clients, as ownership ends up combined for various reasons.

Divorce law firms find that knowing the best ways to handle these assets requires careful consideration to ensure the right party is able to reclaim their legal share of what is partly personal and partly marital property.

What Are Comingled Assets?

To fully appreciate the complexity of commingled assets and how divorce attorneys must approach this situation, it is essential to understand what the term means.

Examples of commingled assets include personal property like a home owned by one spouse that is remodeled with the personal finances or professional skills of the other or a business owned by one spouse prior to marriage that is financially supported with marital funds later on.

The challenge that divorce lawyers face is dividing up assets that ahead of the marriage were personal property, but became partially community property during the marriage.

How to Divide Up Comingled Assets

In these cases, divorce law firms must classify this property as commingled during the legal division of marital property, then calculate the best distribution depending on initial ownership and contributing investments.

Dividing up commingled assets can therefore involve quite a process and may not turn out the way spouses expect it to since that investment by the second spouse has essentially turned them into a partial owner of the property in question.

Premarital Agreements Can Avoid This Problem

To prevent these kinds of issues and the complexity that divorce lawyers face in trying to fairly distribute commingled property, the state of Texas recommends premarital agreements for couples with personal assets entering into marriages.

The purpose of these agreements, when written with an experienced divorce attorney knowledgeable about commingled assets, is to explain how that property would be divided should the couple divorce and help them set some documented ownership and property division rules ahead of time.

Seek The Help of A Divorce Lawyer Familiar With Comingled Assets

Regardless, the important takeaway in either case is that commingled assets can complicate any Texas divorce.

It is important to find a divorce law firm that has good experience with issues pertaining to property division and reducing the issues that can arise when personal property ends up being partially dividable due to the commingling that can naturally happen during a marriage.