6 Tips – On How to Prepare for a Texas Divorce

Filing for a divorce requires not only legal acumen but also emotional fortitude and meticulous planning. In this comprehensive guide, we delve into the critical steps and considerations for preparing for a Texas divorce.

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 you 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 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 in 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, preparing for a Texas divorce is a multifaceted journey that requires careful attention to legal, financial, and emotional details. By gathering essential information, understanding your financial standing, considering the well-being of children, and seeking the necessary emotional and legal support, you can navigate this challenging process with greater clarity and confidence. Remember, while divorce marks the end of a marital relationship, it also paves the way for a new beginning.

Personal property should be inventoried as well. Make a list of the major items in the home: furniture, electronics, art, jewelry, appliances and contents of any safe(s) that you and your spouse own.

4) Copy documents

Tax filings, bank statements, statements from retirement accounts, and mortgage documents are just a few of the types of documents that are helpful for an attorney to be able to have at the outset of the case. If there are files on the computer that you believe to be relevant make copies and save them to a USB flash drive.

5) Information on the children

Where do your kid(s) go to school? What sort of extracurricular activities are they involved in? Do they have any “special needs” where they need to attend doctor’s appointments or take medication on a regular basis? Begin to think about these subjects prior to going to see an attorney so that you can discuss your plan with an attorney. Parties will typically agree to one party being able to designate the primary residence of the kid(s) while the other can visit them with varying degrees of frequency. It is a best case scenario when parties can agree to an arrangement whereby both are able to parent and be present for the children. However, when this is not possible it is critical to let your attorney know of your situation and your desired outcome as far as the children are concerned.

6) Questions

Come prepared to ask your attorney questions about the process. I will typically initiate the “question session” during any meeting with a client but if you have prepared questions to ask it makes the discussion more fruitful and productive. The length of time of a divorce, details about selling a home after a divorce is finalized, visitation concerns and community property are examples of questions that clients will ask with frequency.

Preparing a list of questions and pertinent information can be the basis of a strong attorney-client relationship. The attorneys with The Law Office of Bryan Fagan, PLLC are well-equipped to help you organize your case in a way that will minimize stress and increase the chances of a successful and timely resolution.

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Other Articles you may be interested in:

1. Roadmap of Basic Divorce Procedure in Texas
2. What are the Steps of a Contested Texas Divorce, and How can I Prepare for Them?
3. Can I get child support while my Texas divorce is pending?
4. 6 Mistakes that can Destroy Your Texas Divorce Case
5. 49 Best Texas Divorce Advice Tips
6. 15 Quick Tips Regarding Filing for Divorce in Texas
7. 6 Tips – On How to prepare for a Texas Divorce
8. Can I stop my wife from getting my Social Security in a divorce?
9. Obtaining a copy of your Final Order
10. Low Cost and Affordable Divorces, Attorneys, Websites and Divorce Costs in Texas
11. Will your child be able to receive Social Security Disability Insurance and Child Support after a divorce?
12. Grandparent Access in Texas Explained- Family Code 153.433 and Impairment to a Child’s Well Being
13. Divorce when Husband is Not the father
14. Too Poor to Divorce in Texas?
15. Which parent claims the children on their taxes after a Texas Divorce?

 

Bryan Joseph Fagan( Attorney )

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.