As a divorce attorney here in Texas, I’ve received many calls from distressed husbands seeking guidance after their wives declare that they want to end their marriages. Gregory, a man grappling with this harsh reality, called me recently.
“Chris, it feels like just yesterday we were in your office finalizing our estate plan. It seemed like we were preparing for a long life together,” Gregory started. “But now, a few years later, she wants out, wants a divorce, and I’m just frozen. I don’t know what to do.”
“Gregory, you’re not frozen, you called me,” I reassured him. “That’s a vital first step. There are many things you can do to protect yourself and end up better off in the long-run. Please let me give you an overview of what you should do to protect yourself. When can you come back to my office so we can discuss this in person?” 
When your wife drops the “D” bomb, it can feel like a punch to the gut that freezes you up just like it did to Gregory. Your world’s turned upside down, and you’re left reeling, wondering what to do next. But here’s the thing: you can’t afford to avoid the reality of the situation. You’ve gotta take action pronto to protect yourself legally and financially.
I know it’s tough but you’re not alone. Tons of guys have been in your shoes and come out the other side. You will too but first you need to develop the right game plan. So let’s break down what you need to do to safeguard your interests and set yourself up for a brighter future, even if it looks pretty bleak right now.
Navigating the Divorce Process in Texas
Going through a divorce is not easy, but understanding the process from the start can help make it feel a little less daunting. In Texas, the divorce process can be complex and time-consuming, with an average duration of about 11 months.
One of the first steps in the divorce process is filing a petition for divorce. This legal document outlines the grounds for divorce and any requests for property division, child custody, or support. Once filed, your spouse will be served with the petition and have a chance to respond.
Texas has one of the highest divorce rates in the country, with an average of 3.2 divorces per 1,000 people. While no one enters a marriage expecting it to end, it’s important to be prepared for the possibility and to understand your legal rights and options.
Throughout the divorce process, you’ll likely have to attend mediation or hearings to work out the details of your divorce settlement. This is when having a seasoned family law attorney really proves its worth. They’re your guide, making sure that every step of the way, you’re looked after and your rights are front and center.
Protecting Your Assets and Finances During Divorce
Divorce can be a financial nightmare, but there are steps you can take to protect your assets and secure your financial future. One of the most important things you can do is to separate your finances from your spouse’s as soon as possible.
Handling Joint Credit and Bank Accounts
If you have joint credit cards or bank accounts, it’s important to close them or remove your name from the account as soon as possible. This will prevent your spouse from running up debt or emptying the account without your knowledge.
You should also open your own separate bank and credit card accounts to ensure that you have access to funds and can start building your own credit. Keep in mind that any debt or assets acquired during the marriage will likely be considered community property and subject to division in the divorce.
Securing Valuable Personal Property
In addition to financial assets, you’ll also want to take steps to protect your personal property, especially any valuable or sentimental items. If possible, remove these items from the marital home and store them in a safe deposit box or with a trusted friend or family member.
You should create an inventory of all your personal property, including photos and receipts, in case there are any disputes during the divorce proceedings. The more documentation you have, the better prepared you’ll be to negotiate a fair settlement.
Understanding Child Custody and Support in Texas
For parents going through a divorce, child custody and support are often the most contentious and emotionally charged issues. When you’re talking about child custody issues in Texas, everyone agrees that putting the young ones first matters most. The courts look into whether mom or dad shares a closer bond with the kids as well as assessing how each parent will provide basic necessities and a stable home.
There are two types of custody in Texas: legal custody and physical custody. Legal custody determines decision making power about educational paths and healthcare needs that will shape a child’s future. Physical custody refers to where the child will live and how much time they will spend with each parent.
In many cases, the court prefers to award joint custody, meaning that both parents share legal and physical custody of the child. However, if one parent is deemed unfit or there are concerns about the child’s safety, the court may award sole custody to the other parent.
Child support is also a critical issue in divorce cases involving children. In Texas, child support is calculated based on a percentage of the noncustodial parent’s income, taking into account factors such as the number of children and the amount of time each parent spends with the child.
The Role of Social Media in Divorce Proceedings
In today’s digital age, social media can have a surprising impact on divorce proceedings. Anything you post online, whether it’s a status update, photo, or comment, can potentially be used as evidence in your divorce case.
For example, if you post photos of a lavish vacation or expensive purchases while claiming to be financially struggling, your spouse’s attorney may use this as evidence to argue against your claims. Similarly, if you post negative comments about your spouse or children, this could be used to question your fitness as a parent.
It’s important to be cautious about what you post on social media during your divorce. You might even consider suspending or deleting your accounts temporarily. At the very least, adjust your privacy settings to limit who can see your posts and be mindful of what you share online.
Legal Considerations for Spousal Support in Texas
Spousal support, also known as alimony, is another important consideration in many divorce cases. In Texas, spousal support may be awarded based on certain criteria, such as the length of the marriage and the financial needs of the receiving spouse.
Typically, spousal support is only awarded in marriages that have lasted 10 years or longer, and where one spouse is unable to support themselves financially due to age, disability, or lack of education or job skills. The amount and duration of spousal support will depend on various factors, including the earning capacity of each spouse and the standard of living established during the marriage.
Please note that spousal support is not automatic in Texas.The court has discretion in deciding whether to award it and in what amount. This is where having a skilled family law attorney can be crucial in presenting a strong case for or against spousal support.
Addressing Domestic Violence and Safety Concerns
Sadly, domestic violence is a factor in some divorce cases, and it’s important to take steps to protect yourself and your children if you’re in an abusive situation. If you’re experiencing domestic violence, the first step is to get to a safe place and seek help from a domestic violence hotline or shelter.
You may also want to consider obtaining a restraining order, which can legally prohibit your spouse from contacting or coming near you. In Texas, you can file for a protective order through the county court where you live, and the order can be granted on a temporary or permanent basis depending on the circumstances.
It’s important to document any incidents of abuse through photos, medical records, or police reports, as this can be used as evidence in your divorce case. Your attorney can also help you navigate the legal process and ensure that your safety and the safety of your children are prioritized throughout the divorce proceedings.
Division of Marital Assets and Debts
One of the most complex aspects of any divorce is the division of marital assets and debts. In Texas, all property acquired during the marriage is considered community property and is subject to division in a divorce, regardless of whose name is on the title.
This covers all assets – your home, cars, the nest egg you’re building for retirement and any money-making investments. Debts incurred during the marriage, such as credit card balances and mortgage payments, are also considered community property and will be divided between the spouses.
In most cases, the court aims for an equitable division of assets and debts. They consider each spouse’s earning capacity, the length of the marriage, and any fault in the breakup. This doesn’t necessarily mean a 50/50 split.
The court has discretion in deciding what is fair and reasonable. Decisions are based on the unique circumstances of each case.
Preparing for Your Divorce Court Hearing
If your divorce case goes to trial, you’ll need to be prepared for your court hearing. This means working closely with your attorney to gather evidence, identify witnesses, and develop a strong legal strategy.
Before your hearing, review all the documents and evidence in your case, including financial records, custody evaluations, and any other relevant information. Be prepared to testify and answer questions from both your attorney and your spouse’s attorney.
It’s also important to dress appropriately for court and to conduct yourself in a professional and respectful manner. Remember that the judge will be evaluating your credibility and character, so it’s important to make a good impression and stay focused on the issues at hand.
Essential Documents for Your Divorce Case
A critical step in preparing for your divorce case is gathering the necessary documents that will help your case. Some of the key documents you’ll need include:
- Tax returns for the past several years
- Bank statements and credit card statements
- Retirement account statements
- Real estate deeds and mortgage documents
- Vehicle titles and registration
- Insurance policies
- Pay stubs and employment records
Your attorney can help you identify any additional documents that may be relevant to your case, such as business records or prenuptial agreements. It’s important to start gathering these documents as soon as possible to avoid delays in your case.
Tips for Maintaining a Stable Living Situation During Divorce
Divorce can feel like a major upheaval emotionally and practically. One of the biggest challenges is maintaining a stable living situation. This is especially true if you’re moving out of the marital home.
Try to work out a temporary agreement with your spouse. Decide who will stay in the home and share expenses. If you need to move out, start looking for a new place soon. Create a budget to ensure you can afford new living expenses.
Prioritize your children’s needs during this time. Minimize disruptions to their daily routines as much as possible. This may mean working out a temporary custody schedule. Find ways to maintain consistency in their school schedule and activities.
How to Choose an Experienced Family Law Attorney
Choosing the right family law attorney is one of the most important decisions you’ll make during your divorce. You are looking for somebody to guide you through this journey. You’ll want someone with the right experience, deep knowledge of the law, and quick response time when you call.
Start by asking for referrals from friends, family members, or other professionals who have gone through a divorce. You can also search online for attorneys in your area who specialize in family law and have good reviews from past clients.
When chatting with lawyers you’re thinking of hiring, it’s smart to ask how familiar they are with cases like yours. Don’t forget to dig into how they keep in touch with clients and what their fee setup looks like. You should feel comfortable with your attorney and confident in their ability to represent your interests effectively.
Remember, your attorney is your advocate and partner throughout the divorce process, so it’s important to choose someone you trust and feel good about working with.
Key Takeaway:
When facing a divorce in Texas, it’s key to understand the process and protect your rights. Quick actions like separating finances and securing personal property can safeguard your future. Hiring an experienced family law attorney is crucial for navigating legal waters, especially concerning child custody, support, and asset division. 
FAQs in Relation to How to Protect Yourself When Your Wife Wants a Divorce
What not to do when your wife wants a divorce?
Avoid escalating conflict. Don’t snoop on her or badmouth her to friends and family. Keep cool and focus on legal steps.
How should a man protect himself in a divorce?
Gather financial documents early, cut joint accounts, get legal advice ASAP. Prioritize clear communication with your lawyer.
What is the first thing to do when separating?
Create a separation agreement that outlines finances, living arrangements, and custody plans if kids are involved.
Is it better to divorce or stay unhappily married?
If counseling fails and both can’t find happiness together, splitting up may lead to healthier lives for everyone involved.
Conclusion
Facing divorce is not easy, but by taking proactive steps to protect yourself at the onset, you can minimize the fallout and emerge stronger. Remember, the more you understand about the process and your rights, the better positioned you’ll be to advocate for yourself and secure a fair outcome.
Don’t hesitate to lean on your support system during this time. Friends, family, therapists – they’re all in your corner, ready to lend an ear or a helping hand. And if you need legal guidance, don’t go it alone. Find a skilled divorce attorney who can fight for your interests and help you navigate the complexities of the legal system.
Yes, divorce is a major life upheaval. And yet, here lies a chance to blossom, embark on a journey within and kickstart a new phase of life. Embrace the change, focus on your well-being, and know that brighter days lie ahead.
Is Gregory Still Feeling Frozen?
Gregory came to my office one week later and I went over all the information this article discusses with him. My number one goal was to help Gregory stay calm so he would be in good head space to make good decisions. He had a lot of important ones ahead of him and I needed him to be thinking as clearly as possible to protect himself.
“Chris, you just gave me a lot of information. I can see a path forward but it’s fuzzy because there is so much to think about. Can you please help me prioritize my next steps so I can protect myself?” he said.
“Sure can. For starters, I respect that your situation at home must be tense, but I just need to confirm, there is no concern about safety issues and you are not feeling like you need to move out ASAP, right?” I said to Gregory as he nodded his head in affirmation. “Okay then, as long as things are safe at home, let’s focus on gathering all the essential documents and information that will be helpful to have ready once the divorce proceedings begin. That’s the next step you should focus on to protect yourself.”
“And I should setup a separate bank account, right?” he asked.
With that question, a perfect question, I could tell Gregory had absorbed the essence of my message. He was not frozen, he really never was, just justifiably afraid. I told him he should start to separate their finances and think about what kind of custody arrangements he would want. We decided to reconvene in two weeks after he took the initial steps to protect himself.
“You’ll see Gregory, you’ll get through this, I already see you taking the right steps. It won’t be long now until your divorce is finalized and you’ll be back in the office reworking your estate plan,” I told him as we wrapped up our meeting.
Schedule a Consultation to learn How to Protect Yourself When Your Wife Wants a Divorce in Dallas With Our Firm
Divorce can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether your wife wants a divorce and you need to find out how to protect yourself here in Texas or you are navigating any divorce related matters, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
