Crucial Pre-Filing Knowledge for a Texas Divorce

If you’re here reading this post, chances are you’re either contemplating filing for divorce or have recently received divorce paperwork from your spouse. It’s a challenging and trying time, one that requires action and understanding, not complacency. The Law Office of Bryan Fagan, PLLC, staffed with experienced family law attorneys, is a solid starting point for navigating this difficult journey.

Basic knowledge about the impending divorce process is invaluable. This blog post aims to provide insights into what to expect and how to manage your affairs effectively during a divorce in Texas.

Filing for Divorce – No Fault Required

Firstly, it’s crucial to understand that having a specific reason for filing for divorce is unnecessary in Texas. The state operates on a “no-fault” principle, meaning you don’t have to prove any wrongdoing by your spouse to secure a divorce. Most divorces handled by the Law Office of Bryan Fagan, PLLC are granted based on grounds of discord or conflict of personalities, signifying an inability to maintain a harmonious relationship.

Standing Orders or Temporary Orders

Depending on the county where you file for divorce, the court will either impose Standing Orders or require Temporary Orders.

Standing Orders are court orders that take effect upon filing for divorce, intended to maintain the status quo. They prevent either party from taking actions like cutting off access to joint bank accounts, canceling insurance agreements, removing children from school or daycare, or denying access to vehicles or residences.

Temporary Orders, on the other hand, come into play when the divorcing parties cannot reach agreements on issues related to their divorce. These orders address matters such as the marital home’s occupancy, primary child custody, visitation schedules, child support, and bill payment responsibilities.

In situations where one spouse was the primary breadwinner and bill payer or the primary caregiver for the children, Temporary Orders often mirror these roles.


Before resorting to court proceedings, mediation is typically attempted. Mediation involves hiring an independent third-party attorney to help resolve contentious issues. The parties and their attorneys mutually select a mediator and meet at the mediator’s office to work towards a resolution. Mediators facilitate communication between spouses in a friendlier and less adversarial setting than a courtroom. Many Texas counties require mediation before proceeding to court, particularly in cases involving child custody disputes.

Texas as a Community Property State

Regarding property division, Texas operates as a community property state, where assets and income acquired during a marriage are presumed to belong to the community estate. This includes income from employment, investment returns, retirement contributions, and real property equity accrued during the marriage. The court is responsible for dividing this community property.

Separate Property

If you possess property you believe is separate (i.e., not subject to division), you must prove its status with clear and convincing evidence. Tracing is a common method for establishing separate property, which involves tracing the property’s history to determine if your spouse has any legitimate claim to it. Examples of separate property include gifts made to one spouse during the marriage, inheritances received by one spouse, and property owned by one spouse before the marriage.

While each divorce case is unique, this information provides a solid foundation for anyone about to embark on this journey. However, managing the emotional and practical challenges requires experienced legal representation. The Houston Divorce attorneys at the Law Office of Bryan Fagan, PLLC, offer extensive experience in Texas family law, a commitment to strong advocacy, and a client-first approach. Contact our office today for answers to your legal questions and discover how we can assist you.


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

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Law Office of Bryan Fagan, PLLC | Spring 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 Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact 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 Spring, Texas, Cypress, Spring, 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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