Divorce Advice - Bray, Chappell and Patterson, Inc.- San Antonio Collabroative Law, Mediation and Family Law Attorney

Some Advice Concerning Divorce in Texas

1. Try Marriage Counseling - You loved each other enough to get married. Give marriage counseling one last chance before starting down the path to divorce.

2. Choose the Right Divorce Attorney - First, know that there are different approaches to getting a divorce. The attorney you select should match your approach.

Collaborative - The goal of the Collaborative Family Law process is to help you make meaningful agreements that allow you to move toward the termination of your marriage with dignity and respect. It has a very high success rate and allows spouses to dictate their own agreement without having a Judge reach an agreement with which neither party may be satisfied.
Mediation - Mediation is a process whereby parties use a neutral person to try to reach an agreement. Sometime the court will order mediation.
Litigation - Requires that a judge make decisions concerning the termination of the marriage. Litigation should be the last resort, not the first choice. Litigation can be the most costly and most harmful to the family members.

It is important that you talk to an attorney before doing anything else. Your lawyer will help you to assess the case and should educate you in the area of Family Law. It is important to have this knowledge before moving on with your case.

Select an attorney you are comfortable with. Understand about the fees and how much, generally, you should expect to spend with the attorney. Shop around to the extent you deem it necessary.

3. Involve a CPA - Tax consequences of your divorce can be devastating or beneficial. Ask your lawyer if they can recommend a CPA or contact a CPA of your choice to ask about the tax consequences of any property division. This can save you a lot of money.

4. Help Your Children - Take the course "Helping Children Cope with Divorce". This course is required in Bexar County prior to the granting of a divorce and is available around the State. It helps parents understand how little comments or actions on their part can have a devastating effect on their children. The course has a high approval rating from parents taking it. It takes a total of about 4 hours and is inexpensive.

5. Ask Your Attorney to Pre-Approve Your "QDRO" - A QDRO (a Qualified Domestic Relations Order) is required to divide retirement. By asking that your attorney submit the QDRO to the retirement plan administrator prior to the entry of the decree, you are potentially assuring that the QDRO will not have to be revised after the divorce is over .

6. Obtain a Deed of Trust To Secure Assumption - If needed, be sure to obtain a "Deed of Trust To Secure Assumption". This simple document gives you a right to foreclose on the real estate should your spouse fail to continue making payments on real estate notes, avoiding costly litigation.

7. Be Smart and Consider Collaboration - If you think divorce is a battle to be won and a lawyer's job is to help you get as much as possible, then Bray, Chappell and Patterson is probably not the firm you want. Going through a divorce does not have to be all out war. If you are willing to give your spouse some respect and would like some in return you should consider collaboration. Spare the family and yourself a bitter ordeal.

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