Divorce preparation requires not just legal knowledge but also emotional resilience and careful planning. In this comprehensive guide, we explore the essential steps and key considerations for preparing for a Texas divorce, ensuring you’re ready for every aspect of the process.
After some consideration, you’ve decided to make one of the biggest decisions of your life and divorce your spouse. Whatever the motivating factors that led you to this choice, the fact remains that before you contact an attorney it would be in your best interest to come prepared for any meeting with information and documents that are relevant to the process in which you and your family are about to become involved in.
1. General Information
When I meet with a client, I tell them this is the “back of the baseball card” information: names, birthdays, social security numbers, date of the marriage, date the parties separated, etc. Information regarding the children of this marriage (and any previous marriages)- especially when those children are under 18 years old. The job you hold and the job your spouse holds and your incomes are important when it comes to considerations of child and spousal support.
2. Day to Day Living Expenses
This goes hand in hand with the income of each spouse that we just discussed. In order to make it through the divorce with minimal interruptions to the daily life of the parties and their children, it makes sense to let your attorney know of the expenses each party has, their assets/liabilities, and a little bit about your and your spouse’s credit histories. If one party has an overwhelming amount of debt your attorney should know about that immediately in order to plan ahead.
3. Property
Do you own the home you live in? Do you and your spouse own it jointly? These are bits of information that your attorney needs to have. Since Texas is a community property state, even if you bought your home prior to the marriage’s beginning date your spouse may have a claim for reimbursement if community income was utilized to make mortgage payments or improve the house.
Another aspect of the property to let your attorney know of immediately is if you and your spouse have agreed to the sale of a home or other property. The terms of your agreement can be ratified in the Final Decree of Divorce.
4. Documentation of Assets and Debts
Gather all relevant financial documents. This includes bank statements, retirement accounts, investment records, and any debts like credit cards, loans, or mortgages. Texas courts divide community property (assets and debts acquired during the marriage) equitably.
Therefore, having a clear picture of what you own and owe is crucial. Include any separate property (owned before marriage or received as a gift/inheritance) as well, since it’s exempt from division but still needs to be documented.
5. Custody and Visitation Plans
If you have children, start thinking about custody arrangements. This includes physical custody (where the children will live) and legal custody (who will make important decisions about their welfare). Consider your children’s needs, your work schedule, and how to best maintain a stable environment for them. Document any current routines or parenting responsibilities that might support your case for custody or visitation rights.
6. Seek Emotional Support
Divorce can be emotionally taxing. It’s important to not only have legal support but also emotional support. This could be from friends, family, therapists, or support groups. Keeping yourself emotionally healthy is key to making sound decisions during the divorce process. Remember, taking care of your mental health is just as important as taking care of the legal and financial aspects of the divorce.
Final Thoughts
In conclusion, divorce preparation in Texas is a multifaceted process that demands careful attention to legal, financial, and emotional aspects. By gathering important information, assessing your financial situation, prioritizing the well-being of your children, and seeking both emotional and legal support, you can navigate this challenging journey with greater clarity and confidence. Remember, while divorce signifies the end of a marital relationship, it also opens the door to a fresh start and new opportunities for your future.
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Texas Divorce Process and Waiver of Service: A Comprehensive Legal Guide
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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.
