Skip to content
Divorce impacts every part of your life—your finances, your relationship with your children, and your long-term future. One careless decision can lead to drawn-out court battles or an outcome that feels deeply unfair. Many people make avoidable mistakes by rushing into agreements or overlooking crucial details. Understanding the dos and don’ts in divorce is essential to protecting your rights and peace of mind. With the right knowledge, you can stay in control, avoid costly missteps, and make informed choices that support your emotional and financial well-being for years to come.
What Makes Texas Divorce Different?
Texas is a community property state. That means most income, assets, and debts acquired during the marriage are divided equally unless there’s a valid reason to do otherwise. Separate property, like inheritances and gifts, stays with the original owner, but you may need to prove it clearly.
Texas also requires a 60-day waiting period from the day you file before the court can finalize your divorce. This gives both parties time to prepare emotionally and financially.
Dos and Don’ts in Divorce: Big Questions You Should Ask Yourself
1. Do I Know My Financial Situation?
Before filing, get a full understanding of your income, expenses, debts, and assets. Make a list of joint accounts, property, retirement funds, and any loans in both names.
You’ll need these details during negotiations. Without them, you risk getting shortchanged or taking on debts you didn’t agree to.
2. What Do I Want for Custody and Visitation?
If you have children, custody is one of the biggest issues. Texas courts usually encourage joint managing conservatorship, which gives both parents rights and duties. That doesn’t always mean equal time, so it’s important to know what works best for your child.
Think about what kind of parenting plan you want. Be honest about your schedule and ability to provide stable care. The court will prioritize the child’s best interest.
3. Can I Afford to Move Out?
Many people think they should move out immediately after filing. That decision can affect custody and finances. Leaving the family home may make it harder to argue for possession later. If you have kids, it could also affect parenting time.
Talk to a lawyer before making this move. Staying put may give you more leverage in some cases.
4. Am I Ready for Mediation?
Most Texas courts require mediation before trial. Mediation allows both spouses to settle issues like property division and child custody outside of court.
Ask yourself if you’re emotionally ready to sit in the same room or on the same video call. Mediation often works well, but only when both parties come prepared and willing to compromise.
5. Should I Hire a Lawyer?
You have the right to represent yourself in a Texas divorce, but that doesn’t mean you should. If you have kids, property, or disagreements, a lawyer can help you protect your interests.
Even if the divorce seems friendly, don’t assume your spouse’s lawyer is looking out for you. Get your own legal advice to avoid future regrets.
Do’s for a Smoother Divorce Process
Do Get Organized
Gather financial records, tax returns, pay stubs, loan documents, and any prenuptial agreements. Save emails or texts that may be relevant, especially if custody or abuse is involved.
Do Think Before You Speak
What you say during the divorce process matters. Stay calm in court, mediation, and text messages. Judges may review your words if conflict arises.
Do Prioritize Your Children
Keep your child out of the conflict. Don’t badmouth your spouse or ask your child to pick sides. Focus on stability and reassurance.
Do Track Your Expenses
Keep a detailed record of your spending. This helps you set a budget and supports requests for temporary support or reimbursement during the case.
Do Communicate Through the Right Channels
If your relationship is tense, consider using parenting apps or written messages to avoid emotional confrontations. Clear communication reduces the chance of misunderstandings.
Don’ts That Could Damage Your Divorce Case
Don’t Hide Assets
Hiding money or property usually backfires. If the court discovers it, you could lose your credibility or get hit with penalties.
Don’t Post on Social Media
Avoid posting anything related to your divorce, your finances, or your children. Even innocent posts can be misinterpreted or used against you.
Don’t Involve the Kids in Adult Issues
Don’t ask them about the other parent’s actions or vent about court. Children already carry stress. Keep their routines as normal as possible.
Don’t Skip Court Deadlines
Texas courts follow strict schedules. If you miss filing deadlines or court dates, you may lose the chance to present your side or respond to a claim.
Don’t Agree to Anything Without Reading It
Even if you trust your spouse or want to settle quickly, read every line of an agreement before signing. Make sure the language reflects what you discussed.
What to Expect After the Divorce
Once the divorce is final, you’ll get a Final Decree of Divorce. This document includes decisions about property, custody, child support, and anything else agreed upon or ordered by the court.
Review the decree carefully. Mistakes or vague wording can lead to future conflict. Follow the terms closely, especially for child support and visitation.
You may need to update legal documents like wills, insurance policies, and account beneficiaries. Make these changes soon after the divorce becomes official.
Dos and Don’ts in Divorce: Moving On After Divorce
It’s normal to feel a mix of relief and anxiety after the process ends. Give yourself space to grieve and adjust. Focus on routines that create peace and progress.
Create a financial plan that fits your new reality. Meet with a financial planner if needed. Rebuild credit, revisit your savings goals, and plan for your children’s future.
If you share custody, stay committed to respectful co-parenting. Your child benefits when both parents stay involved and act civilly.
Final Thoughts
Divorce doesn’t have to derail your life—if you know the dos and don’ts in divorce, you can stay grounded and avoid unnecessary setbacks. Making smart, informed decisions and asking the right questions can help you stay in control during even the most emotional moments. Focus on your long-term goals, stay educated about your rights, and don’t hesitate to seek professional support when needed. While the process is undoubtedly challenging, it also offers a chance to reset your priorities and build a stronger, more intentional future. Knowing the key dos and don’ts in divorce gives you the tools to move forward with confidence and clarity.
Need Support for a Texas Divorce?
Our legal team helps people across Texas handle divorce with confidence. Whether you’re just starting or in the middle of the process, we’re here to protect your rights and guide you forward. Contact us today to schedule a private consultation.
Questions about planning for a divorce? Contact the Law Office of Bryan Fagan
If you have any questions about the material that we shared today or on any other subject in family law, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week where we can answer your questions and address your concerns directly.
Other Related Articles:
- Common Divorce Questions Answered: Divorce FAQs for Texas families
- Can My Ex Get Half of My VA Disability? (And Other Military Divorce Questions)
- Family Law Answers to Coronavirus Custody & Divorce Questions
- Answers to Popular Divorce Questions in Texas
- Basic Divorce Questions Answered, Part Two
- Dos and Don’ts Regarding Electronic Communications in a Texas Divorce
- Is Online Divorce Right for You? Pros and Cons of Filing in Texas
- Does Hiring a Divorce Lawyer Save You Money in the Long Run?
- How to Protect Yourself from Your Spouse’s Debt in a Texas Divorce
- Do I Need to Change My Passwords When Beginning a Divorce?
