For most people facing divorce, it is an extremely difficult time. At Terry & Roberts, we show you how to prepare for a divorce with our divorce checklist describing the legal, financial, and other considerations involved. We can help you with the legal proceedings and handle your divorce in the most efficient manner and without unnecessary contention.
If you are ready to get a divorce, you likely don’t want to spend a lot of time, money, or effort getting free. You just want to know what needs to be done and where to start. Yet, it’s wise to take your time to understand the roadblocks and pitfalls you could face to ensure you get the result you want with as little stress as possible.
Steps You Should Take if You Are Getting a Divorce
The emotional pain of a divorce may be inescapable, but there is no need to make things any worse than they have to be. The following checklist can help persons facing divorce take the steps necessary to protect their interests and promote efficient legal proceedings.
1. Consult an Experienced Divorce Lawyer
Texas has one of the lowest divorce rates in the country (only about 2 divorces per 1,000 people in 2022). Yet, when a couple is done, they want to move forward as quickly as possible. While you don’t need an attorney to obtain a divorce in Texas, it’s almost certainly a good idea to consult one. Divorce attorneys can advise you of your legal rights and make recommendations.
To get divorced in Texas, a person must have a legally recognized reason. An attorney can help identify the appropriate grounds for divorce. Consulting an attorney will help you feel more educated, confident, and empowered in the process to get you started in the right direction.
2. Decide Where to Live
When couples contemplate divorce, one person often ends up moving outside the marital home. This can increase the financial burden on both spouses if two separate households must now be maintained.
Staying under the same roof due to financial constraints can be difficult to manage when going through a divorce and may hinder the process. If finances are tight, Texas offers some benefits to families in need to help cover the cost of basic living expenses.
3. Protect Your Financial Interests
Adequate finances are especially important when you’re getting a divorce. Establish separate financial accounts as soon as possible and make sure any future income does not get deposited in a joint account.
Texas is a community property state. That means all income earned by either spouse after marriage belongs one-half to each spouse. If earnings from both are deposited in a joint bank account, each spouse legally owns one-half of the balance in the account. However, either spouse can also legally withdraw the entire balance of the account.
It may be a good idea to consider withdrawing half of the account balance and transferring it to a separate account.
Cancel any joint credit cards and remove your spouse as an authorized user on any personal credit cards. If you don’t have a personal credit card, you may want to apply for one to cover unexpected expenses.
4. Safeguard Personal Information
You may need to establish a separate mailing address to ensure any correspondence remains confidential. You should also change any passwords to personal online accounts (including social media) that your spouse may know or be likely to guess. However, don’t try to lock your spouse out of joint accounts by changing the password.
5. Inventory Property Both Individually and Jointly Owned
There will be a legal division of property, so everything must be listed. Pictures should be taken of unique, unusual, or valuable property.
For property division purposes, the two types of property owned by spouses while married in Texas are community and separate. Community property is any property acquired by either spouse during marriage that isn’t separate property. There is a legal presumption that all property owned by a divorcing couple is community, and ownership of separate property must be proven.
The Texas Family Code defines separate property as any:
- Property owned before marriage,
- Property acquired during marriage by gift or inheritance,
- Personal injury settlement proceeds acquired during the marriage except for the portion attributed to lost earnings.
Despite the character of the property owned by a married couple, Texas courts reserve the right to divide property in whatever way is “deemed just and proper,” taking into consideration the rights of both parties and the welfare of any children.
Divorcing couples are allowed to make their own agreement about property and debt division, but the agreement is subject to court approval before it becomes binding on the parties.
6. Assemble Financial Information and Legal Documents
This could take some time, so it’s practical to start by making a list and then obtaining copies of the corresponding documents. Necessary financial information will include items such as:
- Pay stubs showing income
- Monthly expenditures
- Bank statements
- Investment account statements
- Retirement account statements
- Loan and credit card balances
- Credit reports
- Tax returns
Legal documents may include:
- Marriage license
- Pre or post-nuptial marital agreements
- Title to real property
- Title to vehicles
- Documents about business ownership
- Insurance policies
7. Collect Information About Children
If a divorce involves minor children custody and child support are issues that will need to be determined. A court will want as much information as possible to help it decide what arrangements will be in the “best interest” of a child. Information about a child’s age, school, interests, activities, medical condition, and relationships are all relevant to the custody and child support decision.
In making custody decisions, a Texas court is likely to give a lot of weight to a parent who is best able to meet the developmental needs of a child. Information showing day-to-day involvement in a child’s life will help a court determine the best living arrangements for the child.
8. Try to Keep Your Cool
The relationship between two people divorcing can be emotionally charged, but it’s essential to avoid anything that could be interpreted in a negative light during the divorce process. Be mindful of the things you say and do with the understanding that words and deeds could come back to hurt you until your divorce is final.
Avoid the urge to bad mouth your spouse, either in person or through social media. Don’t be intentionally difficult during the divorce proceedings. Be respectful of the court’s time and always arrive promptly and adequately prepared.
Never put children in the middle of a situation that is already very traumatizing for them. Not only is it bad for the children, but it does nothing to improve the suitability of the parent in a court’s eyes.
9. Get Emotional Support for Yourself and Your Kids
Divorce is traumatic. Anger, sadness, grief, and loss are common feelings when going through divorce proceedings. It can be a scary time when the future becomes uncertain, and the prospect of going on may seem overwhelming.
Family and friends can provide comfort and support. Schools may have counselors or other resources that can help children cope with the experience. There are also divorce support groups in Texas that may be able to offer understanding and assistance. Visiting a licensed therapist may help a family become more resilient and establish a positive outlook moving forward.
If You Want Help With a Brazoria County Divorce, Contact Terry & Roberts
Terry & Roberts is a boutique family law firm serving Pearland and Angleton. The Pearland divorce attorneys at Terry & Roberts have decades of experience handling Texas divorces with dedication and a commitment to the welfare of their clients. If you are facing a divorce, you can entrust your future to the capable legal team at Terry & Roberts.