by Melissa Gautier Photos by Kelley Sweet Photography
The holidays are an opportunity to come together as a family and experience the joy of the season. Children especially look forward to this time of year with excitement and anticipation. But the truth is not all households radiate marital bliss and family harmony, particularly at this time of year. Vicki Pinak, managing member of The Pinak Law Firm in Fort Bend County, shares important points to consider when preparing for divorce, particularly when children are involved.
Vicki’s 33 years of experience and unique capabilities as a family law litigator, arbitrator, and former district court judge provide clients with advantageous insight on how a case may be perceived from the bench. Her ability to strategically guide clients through the divorce process is proof of her knowledge and expertise in multiple facets of the law.
Complimentary Initial Phone Consultation
If you’re wondering if divorce is the right decision for you, Vicki suggests the first step is a phone call to a reputable family law attorney — one with solid credentials and experience who knows the nuances of the entire divorce process from start to finish. Vicki and her team match that profile in more ways than one. They offer an extensive initial phone consultation to potential clients, providing them with valuable information and options to consider. As a courtesy, the initial phone call is free. “It’s a service to our community and a chance to educate them on issues that are sometimes frightening and overwhelming.”
Divorce is a life-altering experience. Vicki discusses the most favorable way to prepare and approach it according to the client’s circumstances. “Sometimes they aren’t sure if they want to file for divorce,” she says. Her advice is to never file unless you’re 100% sure you want a divorce. “I would much rather save a marriage by encouraging a party to wait until they are absolutely sure.”
While it may be unusual for a family law attorney to discourage divorce, Vicki believes in providing direction to individuals who feel lost. “I remind any potential client that they never want to look back and wonder what would have happened if they had waited or tried harder to save the marriage.”
Vicki will also discuss family members, including your children and their current stages of life. Is your child starting their first year of college? Is your child getting married within the year? Are the holidays near? There are certain situations where it wouldn’t be prudent to start divorce proceedings that could lead to family turmoil. Be mindful of how your emotions, speech, and actions affect your children.
Preparation is Key
Anyone considering divorce needs to be prepared. Even if you think there’s a possibility your marriage is headed that direction, Vicki recommends important steps to take. Information she gleans from your phone call allows her to develop a step-by-step plan aimed at a peaceful resolution.
Gather Financial Documents
To position yourself in control, Vicki recommends compiling your financial statements for the past two years, including credit cards, bank and retirement accounts, tax returns, and investment accounts. Keep a copy of these documents in a safe, easily accessible place. Opposing counsel will need detailed, complete bank statements.
“Sometimes a spouse will clear out all financial documents and change passwords to prevent the other spouse’s access, even before announcing a divorce is being filed,” Vicki states. “This is why it’s imperative you plan ahead.”
Secure Liquid Funds
Vicki has seen numerous situations of financial abuse throughout her career. Sometimes a spouse will attempt to cut off the other party from financial access. It’s crucial to know what you can and cannot afford monthly moving forward. Consider withdrawing money to an account solely in your name to assist with living expenses and payment of an attorney’s initial retainer. “To avoid feeling powerless, it’s better to have your own separate bank account containing enough funds to get you through at least two months’ worth of expenses,” she says.
A Word of Caution
Always consider the possibility that your spouse could provoke an argument and your response could be recorded without your knowledge. “With few exceptions, Texas is a one-party consent state, meaning as long as you are a party to the conversation, you can be recorded without your consent,” Vicki explains. She has seen parents lose custody and periods of possession as a result of audio recordings and videos.
Many married couples share cell phone plans, passwords, email accounts, and cloud-based accounts, making digital spying easy. Your actions and timing are important. “It’s essential to discuss separating these accounts if you’re considering filing for divorce within the year,” Vicki stated.
Mind Your Manners
Be mindful of what you say, text, or post on social media, as everything is discoverable during the divorce process and could be used against you. Assume whatever you say, text, or post will end up in a courtroom. If your spouse is discourteous to you in emails or texts, it’s best to reply in a respectful way. Vicki advises waiting before responding to ensure you’re not using a tone or words you wouldn’t want a judge to read.
The significant amount of time and attention Vicki devotes to her clients is a top reason why they seek her advice and continue to refer her. Highly respected within Fort Bend County and beyond, Living readers have voted her Best Family Law Attorney in Fort Bend County multiple times, including in 2024.
For more information, please visit The Pinak Law Firm’s website.
CONTACT
1104 Thompson Road
Richmond, Texas 77469
(281) 536-5923 | FortBendDivorceLawyer.com
“Sometimes a spouse will clear out all financial documents and change passwords to prevent the other spouse’s access, even before announcing a divorce is being filed. This is why it’s imperative you plan ahead.”
