Divorce is rarely easy. But knowing what to do before filing for divorce can make the process smoother and less stressful. This article explores crucial steps to take before initiating divorce proceedings. We’ll cover everything from gathering financial documents to prioritizing your emotional health. So, if you’re considering divorce, keep reading for valuable insights.
What To Do Before Filing For Divorce: Understanding the Legal Landscape
Before filing for divorce, it’s important to familiarize yourself with your state’s divorce laws. Here are some key points to consider:
Waiting Periods: For example, Texas mandates a 60-day waiting period after filing before the divorce can be finalized.
Residency Requirements: These impact where you can file and where the divorce proceedings will occur.
In Texas, at least one spouse must have lived in the state for six months.
Additionally, the filing county requires a 90-day residency.
Establishing Residency: This is crucial for a smooth process as it determines the appropriate court to file in, streamlining your divorce case.
Grounds for Divorce: Texas is a no-fault divorce state. You don’t need to prove fault for the marriage to end. This simplifies the process. You can file for divorce due to lack of support. Traditional fault-based grounds, like adultery or abandonment, can be pursued if needed, especially for property division. See Texas Family Code 6.303.
Understanding these legal separation stipulations helps avoid delays and ensures your case proceeds efficiently.
What to Do Before Filing for Divorce: Essential Steps
Taking proactive steps before filing for divorce protects your interests. This “what to do” guide helps simplify the complex process. Let’s look at what you can do to prepare.
This chart provides a comprehensive overview of the essential legal documents you should gather before filing for divorce. It categorizes the documents based on assets, debts, income, expenses, and legal and personal information, ensuring you have a clear picture of your financial and legal standing as you prepare for the divorce process.
Category | Documents to Gather |
---|---|
Assets | Bank statements, investment records, property deeds, vehicle titles. |
Debts | Credit card statements, loan documents, mortgage information. |
Income | Pay stubs, tax returns, W-2s, 1099s. |
Expenses | Household bills, living expenses, childcare costs. |
Legal and Personal | Marriage certificate, children’s birth certificates, school records. |
Insurance | Insurance policies. |
Financial Records | Bank statements, tax returns, pay stubs. |
Property | Property deeds, titles. |
Debt Information | Loan documents, mortgage information. |
Credit report | Obtain a credit report to understand outstanding debts and protect your financial interests. |
Emotional Well-Being
Divorce is emotionally taxing. Prioritize self-care. Focus on support services, and learn to spend time doing things you love.
Establish healthy nighttime routines (what to do) to improve sleep quality.
Gather important information about any children involved. This includes documentation like social security statements for minor children. This helps with planning child support and custody arrangements later in the divorce process. These court orders will impact the divorce lives of everyone, so careful planning is crucial.
If you have children, prioritize their well-being. Think about custody arrangements, living situations, and maintaining their routines. Open communication is crucial for your children’s stability. Make a parenting time schedule. Try to make the transition as smooth as possible for them. Keep school records accessible for enrollment purposes.
Assessing Your Finances & Marital Assets, and Creating a Budget
Before diving into the divorce process, it’s essential to have a clear picture of your financial situation.
Review your financial resources.
Open a separate bank account in your name.
Start building your own credit history, separate from marital credit history.
Understand that debts from the marriage can affect both spouses, even with separate credit cards.
Create a realistic budget to prepare for living independently.
Review and protect joint financial accounts to prevent potential asset depletion by a spouse.
This financial preparation is crucial for a smoother transition during the divorce process. Creating a post-divorce budget is essential to prepare for independent living and understand your new financial needs.
Open and Honest Communication (When Safe)
If safe, discuss the divorce with your spouse respectfully. This fosters cooperation and streamlines the legal process.
Consider the impact of divorce on your career. Think about software projects (what to do), security practices, and compliance with company policy. A divorce lawyer can advise on how to separate marital property within a business while following any existing temporary orders.
Stay up to date on current laws. Being informed and well prepared improves cooperation during the divorce case.
Safety and Support: Addressing Domestic Violence
If domestic violence is a concern, prioritize safety. The National Domestic Violence Hotline and Texas Advocacy Project (Texas Advocacy Project) offer support.
Consult resources like the Crime Victims line and Legal Aid for Survivors of Sexual Assault. RAICES provides services for immigrants.
Seeking help and utilizing support services are crucial in situations involving family violence. Take the necessary steps to secure your safety.
Protecting Yourself From Identity Fraud
Divorce can increase your vulnerability to identity theft. The Federal Trade Commission (FTC) reported millions of cases in a single year. Protecting your identity and personal belongings should be part of what to do before filing for divorce. Consider applying for new credit cards or freezing your credit. It’s essential to gather birth certificates and social security cards for yourself and any children involved.
Opening separate bank accounts and credit card accounts protects your finances. The FTC website provides resources to safeguard yourself.
What If My Spouse Already Filed For Divorce?
Getting served with divorce papers can feel overwhelming, marking the beginning of a challenging transition. Even if you anticipated this moment, it’s natural to feel uncertain about what to do next. However, taking swift and informed action can significantly influence the outcome of your divorce proceedings in Texas. Here’s what you should do if your spouse has already initiated the divorce process:
Read the Documents Carefully
Don’t just skim the paperwork. Carefully review every document, including the Petition for Divorce and any accompanying forms. Pay close attention to the claims your spouse is making regarding property division, child custody, and spousal support. Understanding these claims is crucial for formulating your response.
Seek a Divorce Lawyer Immediately
Perhaps the most important step you can take after being served is to consult with a qualified Texas divorce attorney. Getting a divorce in Texas can be tough to navigate, but with an experienced attorney on your side, you’ll get clear guidance on your rights and responsibilities. They’ll help you see through the fog of your spouse’s claims and map out a plan to get you through the legal process. Don’t try to navigate this alone; having experienced legal representation can make a world of difference in protecting your interests. Find legal aid resources through the State Bar of Texas State Bar of Texas.
Organize Your Financial Records
Gather all relevant financial documents, including bank statements, tax returns, pay stubs, investment account information, and records of debts. Pay special attention to joint accounts and joint credit accounts, as these can significantly impact your credit and financial standing. Having a clear picture of your marital assets and liabilities is essential for a fair property division settlement. This information will also be vital for your attorney when they assess your case.
Don’t Engage in Harmful Behaviors
While emotions can run high during divorce, avoid engaging in actions that could negatively impact your case. This includes:
Hiding or disposing of assets
Speaking negatively about your spouse to your children
Making important financial decisions without consulting your attorney
Refusing to communicate or cooperate with the legal process
Prepare Your Response
In Texas, you have a limited time to file a response to the divorce petition, typically 20 days after being served. Your response addresses your spouse’s claims and outlines your own position on issues like property division, child custody, and support. Your attorney will draft and file this document on your behalf, ensuring all legal requirements are met and your interests are represented effectively. Learn more about responding to a divorce petition on the Texas Law Help website.
Temporary Orders During Divorce
Understanding the role of temporary orders in the divorce process is crucial. * What are temporary orders? Court orders put in place during a divorce case to manage issues while it is pending.
Why are they important? They provide structure and address immediate concerns like child custody, living arrangements, financial support, and asset protection.
Common types of temporary orders:
Temporary Restraining Orders (TROs): These may restrict actions like selling property, incurring debt, or contacting the other spouse.
Temporary Custody Orders: Determine where children live and how parenting time is shared during the divorce.
Temporary Support Orders: Establish temporary child support and/or spousal support obligations.
Consequences of violating temporary orders: Can range from fines to more serious legal penalties.
Secure Your New Home
Where to live during and after divorce is a big decision. Whether you’re staying put or starting fresh, you need a place to live. This can be tough, but with some planning and consideration of your options it can be smoother.
Your Current Home
If you’re considering staying in the marital home, evaluate its affordability. Can you manage the mortgage, property taxes and maintenance on your own? “Affordable” means housing costs should not be more than 25% of your net income. If staying is over your budget, look into refinancing, downsizing or selling the property and relocating. A good real estate agent can give you insight into your local market and help you make informed decisions.
If domestic violence is an issue, prioritize your safety and your children’s safety. Contact a local domestic violence shelter or legal aid organization for immediate help and guidance.
Other Housing Options
If you need to move out, research rentals or consider buying a new home. Even with limited credit history or a tough financial situation, there are options. Many landlords accept proof of income instead of credit checks. If buying a home is your goal, look into manual underwriting programs which consider your overall financial situation not just your credit score. A mortgage advisor can help you through the process and find financing options for you.
Think about proximity to schools, work, support systems and your overall budget when choosing a new home. Downsizing or adjusting your lifestyle may be necessary but finding a safe, affordable and comfortable space is key during this time. Don’t be afraid to ask for help from friends, family or a therapist during this time.
Co-habitation and Legal Agreements
While not common, some couples choose to stay living together during the divorce process. If this is your situation, establishing clear boundaries and expectations is vital. A written agreement outlining financial responsibilities, shared spaces and communication protocols can help reduce conflict and keep the living environment respectful. Consult with a family lawyer to make sure your rights are protected during this time.
Should You Tell the Kids Before Filing for Divorce?
Deciding when to tell the kids about your divorce is a tough question with no easy answers. It’s a conversation that will impact their experience of the whole process so you need to think carefully and plan. Several things will influence the best time to have this conversation including the dynamics of your family and the overall vibe of your separation.
What Influences When to Tell the Kids
Open communication with your spouse if possible is key. Presenting a united front even in separation can reduce confusion and anxiety for the kids. If you and your spouse can agree on the timing and the message it can create stability in a unstable time.
But a high conflict divorce may require different approach. If you have concerns about your spouse’s reaction or the potential for more conflict then it may be wise to consult with a family lawyer. They can guide you through this tricky situation and protect your child’s well being.
The age and maturity of your child also comes into play. Younger children will need different explanations and support than teenagers. Age appropriate language and reassurance is key. Regardless of age, making your child feel loved and supported through this transition is most important.
Practical Tips for the Conversation
Once you’ve decided when to have the conversation, create a supportive environment for it. Choose a calm and private space where your child feels safe to express themselves. Consider:
Honesty and clarity: Use simple language to explain the situation. Don’t blame or criticize your spouse.
Reassurance and stability: Both parents love them and will still be involved in their lives. Emphasize the routines and schedules.
Emotional validation: Let your child express their feelings without judgment. Acknowledge their sadness, anger or confusion.
Look to the future: While acknowledging the changes, offer a positive spin and reassure them of the love and support.
Preparation is key. Think about what questions they may ask and plan your answers. Consulting with a therapist or counsellor can help you and your child through this tough time.
FAQs about What to Do Before Filing for Divorce
What not to do before filing for divorce?
Avoid significant financial decisions, hiding assets, or speaking negatively about your spouse to your children.
Prioritize self-care and practical steps to prepare. Consult divorce forms online and get a better understanding of what will happen.
Making rash decisions can complicate the legal proceedings. Consult a divorce attorney for guidance on what not to do.
What is the first thing to do when you decide to divorce?
Carefully consider your decision. Consult a qualified divorce lawyer to understand your rights and obligations.
Seeking legal advice protects your interests throughout the process. They can help with financial wellness, setting realistic financial goals, and helping people filing to be more aware of their options.
Legal counsel provides clarity. They help ensure you know where you stand legally.
How do you silently prepare for a divorce?
Discreetly gather financial documents. Open a separate bank account. Consult with an attorney.
Start improving physical health by adjusting sleep and lifestyle habits.
This quiet preparation gives you a head start before formally beginning proceedings.
What are the three C’s of divorce?
There aren’t three universally recognized “C’s” of divorce. The process involves various important aspects, not all of which fit into that framework.
Focus on preparing yourself financially and emotionally. Also be sure to learn more about temporary restraining orders to know how to respond and protect yourself and your children.
What if I’m worried my spouse is hiding assets before or during the divorce?
Be alert about your finances. If you suspect asset hiding, carefully document everything. Collect bank statements, tax returns, and relevant records. A forensic accountant can help find hidden assets. Also, inform your attorney about your concerns. They will take steps to protect your finances.
Should I update my will or change beneficiaries before my divorce is final?
It’s wise to be careful. Changing beneficiaries during a divorce might seem like you’re trying to cut your spouse out. So, it’s best to talk to your lawyer first. They can guide you on updating your will, life insurance, or retirement accounts. This ensures your wishes are met, stays within the law, and avoids divorce complications.
Conclusion
Preparing for divorce is multifaceted. Understanding what to do before filing for divorce in Texas makes for a smoother transition. Document your financials, consult a family lawyer, and take care of your well-being. This sets you up for the next chapter with greater peace of mind. By being proactive and prepared, you can manage the divorce process more effectively.
If you’re experiencing divorce in Texas and need guidance on legal services, Warren & Migliaccio experienced family law attorneys are here to assist. We can help you understand your options, address your legal concerns, and develop a plan tailored to your needs. Call our law firm at (888) 584-9614 or contact us online to take the first step toward a more secure future.