Before you take any steps toward filing for divorce in Texas, there are six important things to do. These actions are specific to Texas divorce laws, but many of them can be applied to divorces in other states as well. Taking these steps ensures you are well-prepared for the process ahead.
It’s important to be certain you have done the things you need to feel good about your decision. Here are the top six things to do:
STEP #1 – Make Sure Your Marriage Is Over
In my blog article “49 Best Texas Divorce Advice Tips,” my first tip was, before you file for divorce, first make sure your marriage is over. You might want to consider seeking some divorce counseling even if you think there is no hope for the marriage.
You do not have to wait for your spouse to participate before seeking help from a counselor. Your employer, church, friends, or this office can provide you with recommendations for a counselor who may be able to help you and your spouse.
STEP #2 – Get Legal Advice from a Texas Divorce Lawyer
Even if you never end up hiring a Texas divorce lawyer to handle your divorce, we highly recommend you meet with and get as much information from an attorney as possible before you even discuss divorce with your spouse.
The divorce laws in Texas are a lot more complex than people realize. Even what many people believe to be a very simple situation can be very confusing to families already in distress. One of the important reasons why seeking legal advice sooner rather than later is that the actions you take now may very well affect your life during the divorce as well as the outcome of your divorce.
An example of this is one of my clients who decided he wanted to save money by not hiring a divorce lawyer. He thought his matter was simple and he and his wife would agree on everything. It turned out his wife did not like his offer and she hired a divorce lawyer. The divorce lawyer set the case for a hearing and got the man kicked out of his house and got the wife’s spousal support.
The man then hired us to represent him in the divorce. We were able to help him get a fair settlement for the divorce and he did not have to pay spousal support after the divorce. Unfortunately, he was stuck with the outcome of the hearing while the divorce was ongoing, something that could have been easily prevented had he been represented from the beginning.
STEP #3 – Talk to an Attorney Before You Move Out of the Marital Home
I am often asked by the people I meet with whether they can move out of the marital home. There is generally no one right answer that fits every circumstance. Generally, before advising someone, I want to know more about their life situation including:
- Has there been domestic violence?
- Are there children involved?
- Do you want to be able to stay in the home during the divorce?
- Financial concerns and can you afford it?
- Do you want to use any of the property currently in the home?
- Will moving out affect your financial interest in the property?
- Emotional considerations.
Some things to consider when deciding to leave:
- If you leave the house, you may not be able to return after a court hearing.
- Having to pay for an additional residence can be expensive.
- If your children are living in the marital home, this may limit your access to them.
I discuss this topic more in-depth in my articles “Should I Move out of the Marital Home during a Divorce?” and “Steps to Take Before Moving Out of the Marital Residence During a Divorce.”
STEP #4 – If You Have Had an Affair, Talk to a Lawyer Before You Talk To Your Spouse or Anyone Else
Generally, in Texas, all financial matters will need to be disclosed to your spouse during a divorce. However, you do not have to go out of your way to let your spouse know that you have been having an affair. The admission of an affair to your spouse would be admissible in court and possibly can have dire consequences.
Texas is a no-fault divorce state, which essentially means that neither party necessarily has to prove the other spouse did anything wrong to get a divorce.
However, adultery matters in a divorce; if adultery can be proven, it can be used to support a request from the spouse not at fault for a disproportionate division of the community property between the parties.
This means any illicit sex with someone other than your spouse could end up costing you thousands. You can read more about this topic in my blog article “When is Cheating Considered Adultery in a Texas Divorce?”
STEP #5 – Safeguard Your Assets and You Start Discussing Divorce With Your Spouse
You need to take certain precautions or possession of certain assets during a divorce such as:
- Pictures, family heirlooms, other sentimental objects;
- Vehicles;
- Valuables stored in safes such as cash, gold, or gems;
- Money in bank accounts that might be liquidated by your spouse.
In addition to securing the above items from your spouse, if you have filed for divorce, you can ask your attorney to also ask for a Temporary Restraining Order prohibiting your spouse from transferring or otherwise disposing of any property covered by the restraining order.
STEP #6 – Prepare Financially Before You Start Discussing Divorce With Your Spouse
Other protective measures you might consider in your Texas divorce planning include:
- Protecting your credit rating by freezing or closing joint cards and by blocking or removing your spouse’s access to other joint credit such as a home equity loan;
- Opening a separate bank account in only your name;
- Changing the name on utility and other bills for which you are concerned your spouse might mess with; and
- Paying down joint bills first, the marital property next, and your separate property last.
You can read more about this in my blog articles “7 Important Ways to Financially Prepare for Your Texas Divorce” and “Should I Hide Money from My Spouse to Get Ready for My Texas Divorce?”
Final Thoughts
Remember, every divorce case is unique, and seeking guidance from a legal professional is essential when navigating this challenging process. By considering these six important things to do before filing for divorce, you can approach your case with greater preparedness and confidence. This approach will help you achieve a more favorable and less stressful outcome.
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Other Articles you may be interested in:
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- What Is the Success Rate of Marriage Counseling?
- Everything You Need to Know About the Documents Needed for Filing for Divorce
- 6 Mistakes that can Destroy Your Texas Divorce Case
- When is, Cheating Considered Adultery in a Texas Divorce?
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- Will your child be able to receive Social Security Disability Insurance and Child Support after a divorce?
- Is Adultery a Crime in Texas?
- Divorce when Husband is Not the father
- Can my ex-wife claim my pension after divorce?
- How to handle a cheating spouse in Texas
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
