In this article, you can discover…
- The documents you’ll need to gather before filing for a divorce.
- The next steps after a divorce petition is filed.
- How an experienced attorney can help you with the process of divorce.
How Do I Prepare For A Divorce In Texas?
Filing for a divorce is never an easy decision. But once you have made the decision to end a marriage, it is helpful to have a clear picture of your finances, shared assets, and debts.
Before you meet with your attorney, be prepared to talk about the assets that you and your spouse share together, including bank accounts, retirement accounts, pensions, 401ks, stocks, and any property or land that you obtained during the marriage. You should also be prepared to talk about community debts such as credit card statements, mortgages, and any loans on vehicles.
If you have children, you should start thinking about your children’s daily lives (such as school and extra-curricular activities) and how custody might be arranged so that their schedules are minimally disrupted. Going through a divorce can take a significant toll on children, and it’s important to minimize any negative impacts as much as possible.
What Documents Should I Gather Before Filing For Divorce?
To prepare for divorce, it’s important to have at least two years’ worth of financial statements. This includes two years of bank statements, retirement account statements, credit card statements, and stock statements. If you have been married for less than two years, simply bring these documents covering the time you were married.
This will help your attorney get a strong sense of your financial situation and which assets qualify as “community property.” Community property is all property and debts incurred by you and the other party during the course of the marriage. Even accounts that are only in your name or the other party’s name count as community property if the account was opened during your marriage.
Do I Need To Serve Divorce Papers Directly To My Spouse In Texas?
When you are going through a divorce, the process starts when you or the other party file a petition for the legal dissolution of the marriage. When this happens, the other spouse must be notified of the divorce in person or through a server who will deliver the petition for a divorce to them.
Before you file this petition, it’s best to meet with an attorney. You and your lawyer can then have a conversation as to whether your spouse would be likely to willingly sign a waiver of service or whether it would be best to have a process server serve them with these papers.
It is generally preferable to avoid having the other party served, as it can be embarrassing to be served in public. It is usually a better idea to speak with your spouse about the impending divorce in private and ask them to sign the petition voluntarily. However, in situations where it may be unsafe for you to have this conversation with your spouse (as in a case of abuse), your attorney can ask a process server to deliver the petition for a divorce to the other party.
Attorney Ira Miller is a caring, focused family law attorney serving Texas. For nearly 20 years, he’s helped families just like yours move through divorce with unmatched skill, compassion, and dedication.
Have questions, or ready to move forward? Contact the Law Office of Ira Z. Miller at (361) 344-4811 to schedule an initial consultation today.
What Happens After The Divorce Petition Is Filed?
Once the divorce petition is filed, the next step is to get temporary orders in place if you have children. These orders will dictate who your children will be staying with and when during the course of the divorce. Temporary orders can also dictate who will remain in the home you shared with your spouse, who will be responsible for paying bills, and who may eventually be responsible for paying child support.
After the petition is filed, you and your attorney will begin the discovery process and gather your financial information. This will include bank account information, retirement accounts, real estate, and debts.
Your attorney will also begin to look at your children’s school records to determine what a custody arrangement might look like post-divorce. If there are concerns about the other party being a danger to your children, you and your attorney will begin to gather evidence of this, including medical records, therapists’ records, school records, and the like.
Likewise, if the other party is alleging that you are a danger to your children and you contest this allegation, you and your lawyer can begin to gather evidence of your fitness as a parent.
Do I Need An Attorney To File For Divorce In Texas?
You do not need an attorney to file for a divorce in Texas. However, it is highly recommended to get legal help with this process, especially if there is any real estate or vehicles that were acquired over the course of the marriage. An attorney can also help ensure that your interests and concerns are advocated for and that your children are given an opportunity for an optimized relationship with both parents.
What Should I Do If I’m Unsure Whether Or Not Divorce Is The Right Decision?
If you are unsure whether or not divorce is the right step to take, seek help from a counselor or therapist first. Remember, your attorney is there to help you through the legal process of divorce and advocate for your interests and rights. They can not help you decide whether divorce is appropriate or not; only you can make that important and personal choice.
A counselor can help you work through your emotions prior to the divorce, during, and after the divorce is finalized. It is always best to allow a qualified therapist or counselor to help you protect your mental health and decide if divorce is the right step for you.
Still Have Questions? Ready To Get Started?
For more information on Filing For Divorce In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (361) 344-4811 today.
Attorney Ira Miller is a caring, focused family law attorney serving Texas. For nearly 20 years, he’s helped families just like yours move through divorce with unmatched skill, compassion, and dedication.
Have questions, or ready to move forward? Contact the Law Office of Ira Z. Miller at (361) 344-4811 to schedule an initial consultation today.
