Divorce During the Holidays

Holiday season and divorce
Holiday season and divorce

It is important to determine how you, your children, and your ex-spouse are going to handle the holidays. This is especially important if this will be your first Thanksgiving, Christmas, Hanukkah, or other holiday after the divorce has been filed. We have some recommendations that may help.

Plan Ahead

The spouses should discuss  on their own to see if they can reach an agreement. If they can agree, then we can put the agreement in writing and file it with the court as an agreed temporary order.

If they cannot agree, then we will need to get a temporary order hearing set and get a ruling from the court to decide who is going to have the children and when. The court will determine what the holiday schedule will look like if the parties cannot agree.

If parents cannot agree, the stress they feel by having a court decide trickles down to the children. Having parents come to an agreement is much easier on everyone: Parents and children alike.  The parties also save on attorney’s fees if they are able to agree on their own versus having a hearing.

Possible Holiday Plan Solutions

If you are the parent that will not be spending Thanksgiving or Christmas with your children, that does not mean you cannot celebrate. For instance, you can change the day of your celebration. Have your Thanksgiving meal on a day when they return from spending time with the other parent. Choose a day to open holiday presents and celebrate on that day.

On the actual holiday, arrange to be with family or friends. It is not a good idea to spend the day alone.

Holiday Celebrations During COVID

This is a challenging year given the protocols to follow for COVID. Parents should share information with each other about how large a gathering they expect to participate in and who will be attending. It is important to keep celebrations to the number allowed by Texas state recommendations.

It is helpful if the parents share with each other who is expected to attend holiday functions and what plans are being made to ensure everyone is healthy.

At Martinez Legal, P.C., we are always here to help you make decisions for the holidays that are in the best interest of you and your children. If you feel the other parent will be subjecting the children to an unreasonably large gathering, call or contact us as soon as you can. We will reach out to opposing counsel to see if we can come up with an alternate solution and avoid ending up in court.

Our motto is “lawyering with heart.” For more information about how we can help you during this emotionally difficult holiday time, we can help you, contact us online or by calling 940.320.2992. We can arrange for an in-office social-distancing atmosphere meeting or an online video chat.

Marci Martinez
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As a founding partner of Martinez Legal P.C., Marci B. Martinez works with clients regarding their family law needs. She has extensive court experience, handling cases involving divorce, estate planning, adoptions, premarital agreements and private mediation for clients in Denton, the Dallas Metroplex and across Texas.
Ms. Martinez received her Bachelor of Science in human resource management from Arizona State University in 2002, Magna Cum Laude.

She earned her Juris Doctor from the Sandra Day O’Connor College of Law at Arizona State University in 2005. At law school, she was an Editor for the Arizona State Law Journal and the executive officer of the Christian Legal Society.

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