5 Tips on Filing for Divorce in Texas

  1. Finances
    • Make sure you have your financial documents in order when preparing to file for a divorce. Keep in mind that your attorney may need a list of all accounts with any financial institution as well as copies of statements for your accounts.
    • Prepare a list of all debts and assets to review with your attorney when you begin to file for divorce, this can help your attorney when discussing any separation of assets and community debt.
    • Have your tax information ready and make sure you have any income information on hand to review with your attorney. Financial transparency is extremely important during this process.
  2. Set Realistic Expectations
    • Make sure you know specific rules for filing a divorce in Texas. There is a waiting period of 60 days when filing a divorce in Texas. In other words, a divorce cannot be finalized for 60 days after filing in the state of Texas.
    • Talk to your lawyer about your expectations throughout the process when you come in for a consultation and make sure you feel comfortable with your lawyer before hiring them.
    • Understand the process and cost of certain litigation tools such as discovery requests and mediation. Be honest with your attorney about your budget to make sure they know how to work with you on your case.
    • Set the tone for a divorce when discussing with your spouse. When discussing a divorce, emotions will be high so it’s important to maintain a calm and fair attitude to prevent a contentious divorce later on in the process.
  3. Divorce with Children
    • Do your best to make the process easy on your children. Make sure to keep your children comfortable with the process and keep a steady routine. Talk to your attorney about any specific concerns you may have in respect to custody and schedules.
    • Don’t alienate your children during the process and do your best to work with your spouse in a civil manner during the process. Remember everything in writing may be seen by the court.
    • Be open to counseling for the entire family to make sure your children understand the process and have the support they need to cope with the changes.
  4. Property Division and Child Custody
    • Talk to your attorney about any property in the marriage and your attorney will be able to determine which property is community property and which is separate property.
    • Keep in mind compromising on property division can be an emotional process and your attorney will be able to advise you throughout the process while prioritizing your best interest overall.
    • Make sure to find a custody arrangement that works for your children and your spouse. Consistency is extremely important when it comes to custody arrangements and finding the perfect arrangement may take a while but be open to compromising with your spouse in order to find the arrangement that’s best for your children.
  5. Mediation
    • Mediation occurs in about 90% of cases.
    • Most counties actually require that both parties attend mediation before finalizing a case.
    • Keep in mind that many cases settle during mediation so it’s extremely important to meet with your attorney before mediation and remember to discuss any issues you’re not willing to compromise on and be realistic about your expectations.

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