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Do’s and Don’ts of Getting Divorced in Texas

Navigating the waters of divorce in Texas can be daunting, especially when it comes to managing your assets and understanding the legal nuances. A key principle to remember is that “possession is 9/10 of the law” in divorce cases. This adage underscores the importance of being well-informed and strategic about your property and rights during the separation process. Let’s delve into the essential do’s and don’ts to help you maintain control and protect your interests effectively.

Do’s and Don’ts of Getting Divorced in Texas

Do: Possession Is 9/10 of the Law Divorce: Inventory Your Assets Carefully

Understanding exactly what you own is a pivotal step in any divorce proceeding. When it comes to shared assets, such as those in a safety deposit box, detailed knowledge is power. This process involves more than a mere mental note of your valuables; it requires a diligent and documented inventory. Consider the case of a Texas oil and gas worker whose understanding of his assets was vague at best.

Despite having significant cash and valuable personal items in a home safe, he lacked a precise inventory. The oversight cost him greatly when his estranged wife, who supposedly didn’t know the safe’s code, managed to access and remove $75,000 during their divorce proceedings. The lesson here is crystal clear: Ensure that every asset, big or small, is meticulously cataloged and photographed. This not only aids in fair distribution but also in legal protection.

Don’t: Underestimate Security of Your Belongings

It’s a common misconception that items stored in the home, especially in safes or locked areas, are automatically secure. However, as our example illustrates, this assumption can lead to devastating consequences. The Texas worker’s underestimation of his home safe’s vulnerability highlighted a crucial oversight. His belief in the security of the safe and the presumption that his wife couldn’t access it resulted in a significant financial loss.

This scenario emphasizes the need for regular checks and an assessment of the security measures in place for your belongings. In a divorce, where tensions and motivations can lead to unpredictable actions, it’s essential to reassess how secure your assets truly are. A consistent and vigilant approach to safeguarding your assets is not just advisable; it’s essential.

Do’s and Don’ts of Getting Divorced in Texas

Actively understand and adhere to the temporary orders and legal restrictions that come into play during your divorce. This understanding plays a vital role in safeguarding your rights and assets. The oversight of our client from Conroe, who neglected the significance of these orders, led to substantial financial loss and legal complications.

His experience serves as a stern reminder: regular consultations with your attorney aren’t just helpful—they are crucial. They ensure you are always aware of your legal standings and any changes that may occur as your case progresses. Staying informed allows you to make strategic decisions and avoid pitfalls.

Don’t: Leave Your Marital Home Prematurely

In the landscape of divorce, where “possession is 9/10 of the law,” it’s crucial to think twice before leaving your marital home prematurely. Such a step can have far-reaching implications, notably affecting child custody and your property rights. Exiting the family home early might inadvertently diminish your legal standing in these critical areas.

The courts often perceive the parent who remains in the marital home as more stable, a factor that can significantly sway decisions about primary conservatorship of children. Opting to stay not only aligns with a strategic approach in the legal battle but also offers financial prudence, sparing you the burden of addition