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6 things You Need to Know Before You File for Divorce in Texas

There are six things you must do before you act on any thoughts you have about divorce. These steps are specific to Texas divorce but can be applied to divorce in many states.

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 very a 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.

It is important to understand your options ahead of time, not some time down the road. It is often easier to prevent something than it is to fix something after the fact.

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:

  1. Has there been domestic violence?
  2. Are there children involved?
  3. Do you want to be able to say in the home during the divorce?
  4. Financial concerns and can you afford it?
  5. Do you want to use any of the property currently in the home?
  6. Is Will moving out affect your financial interest in the property?
  7. Emotional considerations.

Some things to consider when deciding to leave:

  1. If you leave the house, you may not be able to return after a court hearing.
  2. Having to pay for an additional residence can be expensive.
  3. 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 article “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?


You need to take certain precautions or possession of certain assets during a divorce such as:

  1. Pictures, family heirlooms, other sentimental objects;
  2. Vehicles;
  3. Valuables stored in safes such as cash, gold, or gems;
  4. 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.

I discuss this item in greater detail in my blog article “49 Best Texas Divorce Advice Tips.”


Other protective measures you might consider in your divorce planning include:

  1. 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;
  2. Opening a separate bank account in only your name;
  3. Changing the name on utility and other bills for which you are concerned your spouse might mess with; and
  4. 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?

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Other Articles you may be interested in:

  1. 6 Tips - On How to prepare for a Texas Divorce
  2. Roadmap of Basic Divorce Procedure in Texas
  3. Child Custody Basics in Texas
  4. 6 Mistakes that can Destroy Your Texas Divorce Case
  5. 10 Quick Tips About Parental Visitation
  6. Does it Matter who Files First in a Texas Divorce?

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

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