Preparing for Divorce in Texas
Facing divorce means embarking on a major life change that demands careful preparation. In Texas, understanding the legal framework, organizing your finances, and building a support network are key to navigating this process confidently.
Understand Legal Requirements
Under the Texas Family Code, there are specific provisions that regulate the divorce process. Understanding the parameters and restrictions within the code will help ensure you set realistic expectations and make informed choices.
Residency requirements- To file for divorce, you or your spouse must have resided in Texas for at least six months and in the county of filing for at least 90 days.
Fault vs. No- Fault Grounds- Texas recognizes both fault and no-fault divorces. No-fault divorces, citing “insupportability,” are more common. Fault-based reasons include adultery, cruelty, and abandonment amongst others.
Waiting Period- A 60-day waiting period exists in Texas from filing to finalizing a divorce, providing time for reflection or agreement.
Financial Documentation Essentials
Organizing your financial documents is essential for a fair asset division and smoother negotiations.
Start by listing all assets and liabilities, such as:
- Bank statements
- Investment accounts
- Retirement accounts
- Real estate documents
- Vehicle titles
- Credit card statements
- Loan documents
Additionally, collect recent tax returns for insights into income, assets, and potential undisclosed funds. Texas is a community property state, meaning most assets acquired during marriage are considered jointly owned and subject to division.
Some courts will require a filing of Inventory and Appraisement prior to finalizing a divorce. Bexar County has this requirement. It may feel overwhelming at first, but getting organized at the outset will help you and your attorney prepare more efficiently.
Emotional Support Systems
Divorce can be emotionally taxing. Establishing a support system is important for mental well-being and clear decision-making. Lean on trusted friends and family for emotional support. Their perspective can be invaluable in difficult times.
Professional support may also be helpful. A therapist or counselor specializing in divorce can provide coping strategies and help process emotions effectively. Support groups for those going through divorce offer community and understanding, providing comfort to those facing similar circumstances.
Remember, seeking support is a strength and an essential step in handling the emotional challenges of divorce.
