Facing a Legal Challenge? We’re Here to Help.
Navigating the legal system can be daunting, especially when facing a divorce. The financial uncertainty, emotional turmoil, and the complexities that arise when children are involved can easily become overwhelming.
At the Law Office of Arthur Wells, I am committed to providing personalized and accessible legal services to clients in Austin and the surrounding areas. My mission is to guide you through the complexities of the legal system with confidence and peace of mind.
I understand that legal matters can be stressful and confusing, which is why I strive to offer clear, straightforward advice and effective solutions tailored to your unique situation.
Considering Divorce
Before proceeding further with a divorce, it's crucial to pause and ask yourself a fundamental question: Is it truly over? This question requires an honest assessment of whether there is any remaining hope for reconciliation. Answering this question can provide clarity and ensure that you move forward without regrets.
​
However, it's important to recognize that divorce involves more than just your own feelings and desires. If your relationship has irreparably deteriorated and divorce is the only viable option, minimizing the adverse impact on any children involved should be a priority. Research indicates that children can be significantly affected by divorce, so taking steps to mitigate these effects is essential.
There are numerous guides, resources, and professionals available to assist you in navigating both the decision-making process and the practical aspects of divorce. Likewise, if you and your partner wish to explore the possibility of reconciliation, resources and support systems are available to help facilitate that journey. Whether you choose to proceed with divorce or seek reconciliation, thoughtful consideration and appropriate guidance can lead to a more informed and healthier outcome.
As legal counsel, I am not qualified to provide marital counseling, but I can offer legal advice that may reduce the collateral trauma of divorce. The standing orders from the District Court of Travis County for Family Law cases state:
Do NOT make derogatory comments about another party, another party's family members, or another party's dating partner in the presence of or within hearing of the child or on social media accessible to the child.
These standing orders apply to all family law proceedings held in the District Court of Travis County and take effect upon the filing of a divorce petition. Regardless of the legal applicability of this standing order, it is still good advice. Please refrain from showing a critical or disrespectful attitude towards your soon-to-be ex-spouse. I understand this is easier said than done, but doing your best in this regard is all anyone can ask.
Even if a petition for divorce has not yet been filed, it is still wise to avoid making critical or disrespectful remarks about your spouse. Such statements and behaviors could influence the outcome of various aspects of the divorce, some of which are discussed below.
One of the most significant challenges in Family Law is ensuring that clients are fully informed of all legal consequences. Rule 1.03 of the Texas Disciplinary Rules of Professional Conduct provides guidance on how a lawyer should communicate with their client:
Rule 1.03. Communication
(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
My duty to you as my client is to fully inform you of all legal consequences. If, in my legal judgment, a proposed settlement would be unwise, it is my ethical duty to inform you. Ultimately, it will be up to you to decide if the personal cost outweighs the possible return of litigation.
As your legal counsel and professional advocate, I am committed to defending your rights and securing the best possible settlement. At the same time, I encourage you to avoid fighting over trivial items while recognizing the sentimental value of certain possessions. If you are a parent, I hope you can understand that the cost-benefit analysis would be fundamentally different if children are involved. As long as your decisions are within the bounds of the law, I am ethically required to fulfill your expectations.
Why Divorce
If you are considering divorce, it's crucial to reflect on your motivations and goals. Are you seeking divorce to perpetuate conflict and gain an advantage over your spouse, or are you aiming to end the discord and achieve a fair resolution? Especially if children are involved, creating a stable and harmonious environment should be a priority.
Research consistently shows that children from divorced families can thrive in stable environments, often more so than in households filled with conflict. Therefore, it's essential to avoid turning your divorce into another battleground that could harm your children's well-being.
Take a moment to consider your approach. Do you envision a divorce process characterized by fairness, compromise, and mutual respect, or do you anticipate a contentious battle over trivial possessions? Your decision will profoundly impact not only your future but also the emotional and psychological well-being of your children.
If you conclude that your marriage is irreconcilable and divorce is inevitable, I urge you to stop the fighting and hire an attorney who can advocate for your interests.
As your legal counsel, I will fight for a just and equitable division of the community estate. Depending on the circumstances, temporary spousal support or spousal maintenance may be available to meet your minimum reasonable needs, as well as temporary child support necessary for the child's safety and welfare.