Filing for divorce is a major decision that can affect your finances, property, family relationships, and future. Before filing, it is important to understand Texas residency requirements, determine whether the divorce may be contested, organize financial records, and consider issues involving property and children.
Taking time to understand your rights, responsibilities, and priorities can help you prepare for the divorce process. Working with the experienced attorneys at Skillern Firm can provide guidance on important legal and financial considerations before and during the divorce process.
Understand Texas Divorce Requirements
Before filing for divorce in Texas, it is important to understand the state’s residency requirements. Generally, at least one spouse must have lived in Texas for at least six months before filing. The spouse filing for divorce generally must also have lived in the county where the case is filed for at least 90 days.
Understanding these requirements before filing can help avoid unnecessary delays.
Determine Whether Your Divorce Is Contested
A major consideration is whether you and your spouse agree about the issues involved in your divorce.
An uncontested divorce may be possible when both spouses agree on issues such as property division, debts, child-related matters, and other important terms.
A divorce becomes contested when spouses cannot reach an agreement on one or more significant issues. Contested cases may involve negotiations, mediation, discovery, temporary orders, and potentially a trial.
Knowing what type of divorce you may be facing can help you prepare for the process.
Gather Important Financial Documents
Before filing, take time to organize your financial records.
Important documents may include:
- Bank and investment account statements
- Retirement account statements
- Tax returns
- Pay stubs and employment records
- Mortgage and loan documents
- Credit card statements
- Business records
- Insurance policies
- Real estate documents
Having access to accurate financial information can make it easier to understand the marital estate and identify assets and debts that may need to be addressed.
Understand Community Property in Texas
Under Texas Family Code § 3.002, Texas is a community property state. Generally, property acquired during the marriage is considered community property, although certain exceptions apply.
Determining whether an asset is community or separate property is not always straightforward. Businesses, real estate, retirement accounts, inheritances, and property owned before marriage may require a detailed review of records.
The fact that an asset is titled in one spouse’s name does not necessarily determine how it will be treated in a divorce.
Be Careful With Major Financial Decisions
Divorce can create uncertainty about finances, but making significant financial decisions without understanding their potential consequences may create additional complications.
Before selling property, transferring money, closing accounts, taking on significant debt, or making other major changes, consider discussing the situation with a qualified family law attorney.
Preserve Important Records
Before filing, organize and preserve documents you are legally entitled to access.
These may include financial statements, tax records, property documents, insurance information, employment records, and existing marital agreements.
Keeping records organized can make it easier to respond to requests for information during the divorce.
Think About Your Priorities
Every divorce is different. Before filing, consider what matters most to you.
Your priorities may include protecting certain assets, establishing a workable parenting arrangement, maintaining financial stability, or resolving the divorce as efficiently as possible.
Identifying your goals can help your attorney develop a strategy suited to your circumstances.
Get Legal Advice Before Filing
You do not have to wait until a divorce petition is filed before speaking with an attorney.
A consultation can help you understand the process, identify potential issues, and determine what preparation may be appropriate for your situation.
The earlier you understand your options, the better prepared you may be to make important decisions.
Key Takeaways
Before filing for divorce in Texas:
- Understand Texas residency and filing requirements.
- Determine whether your divorce is likely to be contested.
- Gather financial and property records.
- Understand how Texas community property rules may apply.
- Be cautious about major financial decisions.
- Preserve important documents.
- Identify your goals and priorities.
- Consider consulting a Texas family law attorney before filing.
Preparing ahead of time can help you approach the divorce process with greater clarity and confidence.
