Is Divorce on Your List of New Year’s Resolutions?


People make many resolutions to start off the New Year, such as dieting, joining a health club, giving up smoking, saving money and making money. As we begin 2013, there is yet another resolution on the minds of many. That is to get a divorce.

January has often been called “divorce month” because so many people finally decide to get off to a fresh start and undertake this life changing process. Some will initiate the process by calling a San Antonio divorce attorney for a consultation and then decide that maybe they should try and keep the marriage relationship together through counseling.

Often couples believe that the process of getting a divorce will be quick and easy, since the two have “talked things over and we have agreed on everything.” What this really means is that the couple has come to terms with the fact that they no longer want to be married and that they are in agreement that a divorce is necessary.

The fact is that rarely, if ever, does the divorce process go quickly and easily without any roadblocks. All of the things that were once agreed upon become disputed as emotions escalate and tempers flare. All of a sudden, the idea of divorce and the process becomes contentious.

Issues arise when attempting to come to terms in negotiating a marital property settlement agreement, as one party refuses to give in to the other. When a party concedes to the other, they often feel as though they are losing or giving up.

When attention is directed to splitting up the money accumulated during the marriage, emotions escalate to yet another level. The spouse who has contributed the most financially generally feels most entitled. Soon they will understand that these assets must be shared equally in a community property state like Texas.

For child custody and support, the overwhelming rule is whatever is in the best interests of the child or children. They definitely play significant roles in the divorce process, even though they are not involved in the negotiations. Their lives can forever be affected by how their parents deal with divorce.

Alimony, or spousal maintenance as it is called in the Texas Family Code, is not provided for in every divorce. The conditions providing for its payment are codified, with one of the three conditions for payment being the marriage lasted for more than ten years.

Those of you who have decided to divorce, or those contemplating divorce in 2013, need to be patient.

Hopefully you and your spouse can reflect on the good things and not the bad, the fun times and not the sad ones. If this can be done and differences are resolved so that the family unit is preserved, it can be a blessing for you and your children. Unfortunately, sometimes there is only one solution….a divorce.

If you and your spouse have exhausted all other efforts to stay married, you need to seek the advice of a San Antonio area attorney who is experienced in handling divorces.

The Law Office of Allan R. Manka, P.C. has over 60 years of collective experience in handling a wide array of family law matters, including divorces. We can answer your questions, calm your fears and guide you through the process. We serve clients throughout south Texas, including San Antonio, Bexar County, Floresville, Bandera, and Boerne.

Contact us online or call (210) 807-8629 to schedule your free initial consultation.

Our firm accepts all major credit cards, debit cards and we offer payment plans.

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