Know When to File for Divorce in Texas

Divorce Attorney

Divorce in TexasDivorce in Texas

If you are thinking about filing for divorce in Texas, it is important to consider the timing of your petition for dissolution of marriage. Not only will you need to ensure you are eligible for divorce, according to the Texas Family Code, but you will also need to make certain you have taken the necessary steps to protect yourself prior to separating from your spouse and having your spouse served with divorce papers.

An experienced Texas divorce attorney can discuss the particular facts of your situation with you, and our firm can help you to determine the right time to file for divorce and the steps you will need to take in advance of filing your suit. In the meantime, the following are some questions to consider that can help you to know when to file for divorce in Texas.

Are You Eligible for a Divorce Under the Texas Family Code?

When you are considering the timing of your divorce, you will want to make sure you are eligible for a divorce under the Texas Family Code. Have you met the residency requirements? At least one of the parties — you or your spouse — must have been a resident of Texas for at least six (6) months prior to filing, and one of the spouses must have been a resident in the county where the filing occurs for at least 90 days. Further, are you able to prove one of the required grounds for divorce? There are seven (7) options, which range from no-fault options like “insupportability” and “living apart” to grounds like abandonment, adultery, and conviction of a felony.

Have You Obtained and Copied Financial Documents?

In some divorces, it can be significantly more difficult for one spouse to access critical financial documents after the other spouse knows about the divorce. Have you gathered all necessary information before filing? Your divorce attorney can help you to determine what materials you should gather and copy.

Have You Considered Your Finances and Post-Divorce Living Situation? 

Have you thought carefully about your budget and your financial situation during and after your divorce? Planning will make your divorce finances easier.

Have You Started Working with a Divorce Lawyer in Texas to Prepare for Your Case?

Beyond gathering financial documents and budgeting for yourself and your children after your divorce, you should also begin preparing for the likely issues in your divorce case with your attorney. If you are anticipating a contested divorce in which your spouse will fight you for child custody, if you believe your spouse could attempt to conceal assets so they are not classified as community property, you should start planning strategies in advance with your Texas divorce lawyer and considering adding experts to your team who can assist with your case.

Contact a Texas Divorce Attorney for Help

When you are considering divorce in Texas, it is critical to have one of our experienced Texas divorce attorneys on your side. The timing of a divorce can be complicated, but our firm is here to help. Of 100,000 lawyers statewide, no other law firm has as many attorneys named to Thomson Reuters’ list of Top 100 Super Lawyers in Texas. We are committed to our clients and will work tirelessly for you in your divorce case. Contact Orsinger, Nelson, Downing and Anderson, LLP to learn more.