Skip to main content

Five Common Sense Rules for Divorce

by

"Contemplating divorce or already engaged in one? No matter where you are in the process, five common sense rules apply to all family law cases:

Don't underestimate the fury of a scorned spouse.  Heaven has no rage like love to hatred turned. Nor hell a fury like a woman scorned." Anger, jealously and feelings of betrayal inspire the need for revenge. A divorce premised on the need for revenge will be costly (economically and emotionally), bitter and damaging to all.


You can listen to your friends, but maybe don’t pay attention to them.  Divorces are fact specific. The facts of your case are different from your neighbors your friends, and your co-workers. The facts of your case will determine the outcome. So, when a client tells me that “My hairdresser said that I should do. . . “ or that “I am entitled to. . . .” I try to find out when the hair dresser started practicing law. By analogy, I don’t tell my mechanic how to fix my car.

Don't write or say anything that you don't want to be read or heard in court.  Social network postings, pictures, and even causal asides will be used against you in a contested divorce or a custody fight. Your own words could be the strongest evidence against you. If you don’t want something to be used against you, exercise discretion and don’t say it, post it or photograph it.

Don't let any anger, guilt or remorse get in the way of a reasonable and fair settlement.  Settlements should objectively fair, based upon the facts of the case. The emotions of anger and guilt cloud judgment. For instance, a spouse who feels that he/she betrayed the other by having an affair, may be willing to “give away the farm” to satiate feelings of guilt. On the other hand, the betrayed party may have a knee jerk reaction rejecting a fair settlement offer because it does not provide for loss of the other’s body parts. Accept the advice of your attorney and financial advisors in order to resolve your case.

Hire a lawyer who practices family law, not someone who handles divorces only occasionally.  Due to the complexity of the issues involved in the dissolution of a marriage, ranging from the valuation and distribution of assets to the custody and care of children,you should seek representation from an attorney well versed in this particular area of law, not from someone who dabbles."

Popular posts from this blog

Texas State Affairs Committee hears testimony on two adoption bills

On March 27, 2017, Ms. Cochran-Green testified before the Texas Senate State Affairs Committee on two adoption-related bills, SB 329 and
SB 1362.  You can watch the live testimony here. Ms. Cochran-Green's testimony is the Part 1 of the State Affairs Meeting on March 27.  Her testimony is in the second hour and she testified separately on each bill.

SB1362 is authored by Sen. Campbell in which she proposes to changes to the voluntary adoption registry.  Ms. Cochran-Green testified her opposition to the bill because much of the proposed bill is already codified in the Texas Family Code and is common practice among adoption agencies.

SB329 is authored by Senator Creighton in which he proposes to allow adult adopted persons to obtain their original birth certificates at the age of 18.  Ms. Cochran-Green supports this bill as it allows adopted persons in closed adoptions primarily from the 1930s-1990s to seek reunions with their birth parents and obtain medical history that is neede…

Mother's Day: A Time for Reflection and Celebration

This is the time of year that we celebrate motherhood, not only the day-to-day life of being a mom, but also the journey itself.  For some, infertility challenges that journey.  Thankfully there are more options than ever for those who want to become a mother. For many, like myself, the solution was adoption.  I am so thankful for the miracle of adoption, but is it right for you?  The following questions may help you find your answer.
Are you emotionally prepared for adoption? As with making any family planning decision, adoption requires a lot of self-reflection. It also requires that you come to terms with any grief you are experiencing resulting from infertility issues. A friend who adopted told me that she decided to adopt because the chances of becoming a parent were much higher than IVF. That’s true, but there are other challenges to consider. Open adoption is now the norm and it is recommended by experts in the field. Consequently, birth parents will become a part of your famil…

Free Workshop for Divorcees and Widows held in Dripping Springs on Friday, October 14

Jennifer Cochran-Green is hosting a workshop for divorcing and grieving women to approach legal and financial decisions in confidence.  The workshop will  be held  on Friday, October 14, from 11:30 a.m. to 1:00 p.m. at the Dripping Springs Community Library at 501 Sportsplex Drive in Dripping Springs. The format is a lunch and learn where light refreshments will be provided and attendees may bring their own lunch if they choose. Jennifer will deliver a presentation focused on issues impacting children immediately after a death of a parent or during divorce.  Leanne Layne, an estate planning attorney with Kernodle Layne Group and Amy Colton, Wealth Advisor with Forefront Wealth Solutions will deliver presentations on making decisions about estate planning and financial issues. 
"I'm so excited to bring this seminar to the Dripping Springs community at no cost to attendees.  Throughout my career, I have found that many women are often caught off guard by their finances when in…