Ready to File for Divorce? Here’s What Happens Next

Making the decision to end a marriage is never easy. Once you’ve crossed that emotional bridge and decided you are ready go through the divorce process in Texas, you might feel a sudden wave of uncertainty about what the divorce process actually involves. What happens now? Do you move out? How do you protect your money? What about the kids?

Every divorce is unique. Some involve complex assets and children, while others are relatively straightforward. Whether you’ve been married for a year or two decades, the initial steps you take can significantly impact the outcome of your case.

This guide breaks down the essential strategies you need to consider immediately after deciding to file. By understanding the divorce process, you can avoid common pitfalls and protect your future.

How to Start the Divorce Process in Texas: Essential First Steps

Once you’ve made the decision to move forward with a divorce, it’s important to approach the divorce process with preparation and clarity. Here are the key steps to get started in the divorce process:

1. Consult with an Experienced Divorce Attorney

Before anything else, schedule a consultation with a family law attorney who understands Texas divorce laws. An attorney can help you assess your situation, explain your rights, and outline the best approach for your unique circumstances. Having an expert guide you from the beginning ensures you set the right foundation for the divorce process.

2. Gather Important Financial Documents

Begin collecting paperwork related to your finances and assets. This includes recent tax returns, pay stubs, bank statements, retirement account balances, mortgage information, loan agreements, titles and deeds, and any documentation that shows your income, expenses, debts, and property ownership. Having these ready is crucial for efficiently navigating the divorce process.

3. Understand Legal Requirements for Filing

To file for divorce in Texas, at least one spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least 90 days. Knowing these requirements ensures your case can proceed without unnecessary delays as you begin the divorce process.

4. Consider Your Goals and Priorities

Think about your objectives for property division, child custody, support, and living arrangements. Having clear priorities will guide your decisions throughout the divorce process and help your attorney advocate for your interests.

5. Prepare for Filing and Initiate the Divorce Process

With your attorney’s help, you’ll complete the Original Petition for Divorce and file it with your local district court. A process server will formally serve your spouse with the divorce papers, officially starting the legal process in Texas.

Taking these steps will help you approach your divorce with confidence and a solid foundation in the divorce process.

1. Don’t Leave the Marital Home During the Divorce Process in Texas (Yet)

The urge to pack your bags and leave a tense situation is understandable. However, walking out the door without a plan can be a strategic mistake—especially at the start of the divorce process.

Why You Should Stay in the Marital Home

Unless your safety is at risk, do not leave the home until you have spoken with an attorney. In many cases, courts prefer to maintain the “status quo” at the beginning of a divorce. This means keeping things as stable and unchanged as possible, especially if children are involved.

The Risk of Leaving the Marital Home

If you leave the home and the children stay behind, you may inadvertently set a precedent that the other parent is the primary caregiver in the home environment. Disrupting the children’s daily routine by moving out can be viewed negatively by the court and might complicate future custody discussions during the divorce process.

Takeaway: Before you sign a lease on a new apartment, consult with a lawyer to understand how moving out could affect your specific case.

2. Be Careful About Moving with the Children

If you are the parent thinking about moving the children out of the home, tread carefully. This is especially true if you plan to move to another city or state during the divorce process.

Preventing a Move in the Divorce Process in Texas:
If you suspect your spouse is planning to take the children and move away, or withdraw them from their current school, you need to act immediately. Your attorney can file a petition for divorce that typically includes a “Standing Order.” The county issues a legal order that prevents either spouse from taking the children out of the area until a judge says otherwise. The divorce process prioritizes children’s stability.

Once They Are Gone, It’s Harder to Get Them Back During the Divorce Process in Texas:
If your spouse successfully moves the children, establishes a new home, enrolls them in a new school, and finds a new job, a judge may be hesitant to uproot the children again. The court’s primary goal is stability for the children. If the “new normal” is already established elsewhere, the court might not force a return.

3. Determine if You Need Temporary Orders

One of the first questions your attorney will ask in the divorce process is whether you need a hearing for temporary orders.

What are temporary orders in the divorce process?
In Texas, a divorce cannot be finalized until at least 60 days have passed since the filing date. Realistically, many divorces take much longer than that. You need rules for how to live during this waiting period.

If you and your spouse cannot agree on the basics while the divorce is pending, you will need a judge to decide for you. These rulings are called temporary orders in divorce.

Common issues covered by temporary orders during the divorce process:

• Who gets exclusive use of the house or car?
• Who has temporary custody of the children?
• What is the visitation schedule?
• Who pays which bills (mortgage, utilities, car notes)?
• Is there a need for temporary spousal support?

Your attorney will help you decide if a hearing is necessary to establish these ground rules immediately as part of the divorce process.

4. Understand Community Property Laws in the Divorce Process in Texas

During the divorce process, many people cling to a dangerous misconception: “The house is in my name, so it’s mine,” or “We’ve been separated for months, so this money is mine.”

The Reality of Texas Law in the Divorce Process in Texas:
Texas is a community property state. In the eyes of the law, you remain married until a judge signs your divorce decree.

In a divorce, the court generally treats everything you acquire during the marriage—income, retirement contributions, real estate, and vehicles—as community property. The name on the title or the account doesn’t determine ownership. Even after separation, the law will likely divide the funds you deposit into your savings account.

Practical Advice for Navigating Community Property During the Divorce Process in Texas:

• Avoid big purchases: Do not buy a new car or put a down payment on a house just before or during the divorce process.
• Don’t commingle funds: Be careful about mixing potential separate property (like an inheritance) with community money.
• Think about the “Community Estate”: If you buy a house during the divorce process, you are essentially using community credit and community funds to do it. This creates a mess that has to be cleaned up in the final settlement, often costing you more money, making the divorce process more complicated.

5. Pause Before Paying Off Debts

It is a natural instinct to want a clean slate. You might think, “I’ll just pay off this $20,000 credit card bill so we don’t have to worry about it.”

Why you should wait during the divorce process:
If you use your income (which is community property) to pay off a huge debt right now, you might be paying off your spouse’s share of the liability. The court may eventually order that the debt be split 50/50, or divided in a way that is fair based on income.

If you pay it all off now, you lose the leverage to have your spouse contribute to that payment—so always consult your attorney about the best approach for debts during the divorce process.

What to do instead:

• Create a monthly budget.
• Prepare an “Inventory and Appraisement” (a list of all assets and debts) for your attorney.
• Pay only the minimum monthly payments on debts until you have a clear strategy from your lawyer.

6. Planning for Attorney’s Fees

Hiring a skilled attorney is an investment in your future, but it does cost money. Interestingly, attorney’s fees can sometimes be paid from community funds.

Funding your legal defense in the divorce process:

• Community Accounts: It is often acceptable to use funds from a joint bank account or a credit card to pay your retainer. This is technically a community debt or expense.
• Requesting Fees: If your spouse controls all the money and you have no access to funds, your lawyer can ask the court to order your spouse to pay “interim attorney’s fees.” This ensures you have legal representation even if you aren’t the primary earner.

Note: There is no guarantee a judge will award fees, and you usually need to pay an initial retainer to get your lawyer to the hearing to ask for them. Planning for legal costs is an important part of navigating the divorce process.
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7. When in Doubt, Ask

The most important rule of the divorce process is transparency with your legal team. Before you move money, change beneficiaries, sell property, or move out of the house, send an email or make a call to your attorney.  Strategies that seem logical to you might have unintended legal consequences. Always be honest and forthcoming with your lawyer so they can protect your interests effectively throughout the divorce process.

Need Guidance on Your Divorce in Texas?

Navigating the complexities of property division, custody, and temporary orders requires an experienced hand. Don’t make these decisions alone—especially given how each step can affect the divorce process.

Contact Graham Family Law today to schedule a consultation. We will help you understand your rights and build a strategy for your new future while successfully guiding you through the divorce process in Texas.

Related Reading:

Thinking about getting a Divorce in the New Year?

My spouse moved out with the children without notice – What do I do now?

My Spouse Just Asked for a Divorce – What do I do now?

Texas State Law Library – Divorce Process Guide