Before you file for divorce in Texas, take your time and make thoughtful decisions. Divorce can impact your property, debts, children, income, retirement accounts, business interests, taxes, housing, and long-term finances. Many people make mistakes by filing too quickly when they are upset or unsure about Texas law. Preparing well is not about creating conflict. It is about protecting your rights, organizing your information, and making choices with a clear idea of what the court may need to decide. We suggest learning the basics of Texas divorce, gathering key records, considering your children and finances, and talking to a lawyer before making big changes.
Confirm That You Meet The Texas Residency Requirements
The first step is making sure a Texas court can hear the divorce. Under Texas Family Code § 6.301, either spouse must have been domiciled in Texas for the preceding six-month period and a resident of the county where the divorce is filed for the preceding 90-day period. This matters because filing too early or in the wrong county can create delay, extra cost, and unnecessary disputes.
For people living in Dallas, Frisco, San Antonio, and other Texas areas, figuring out county residence is usually simple. It can get tricky if you or your spouse have just moved, have more than one home, work in another state, or are already separated. We check residency before filing to make sure your case starts in the right county.
Understand The Texas Waiting Period
Texas requires a waiting period before a divorce can be finished. Under Texas Family Code § 6.702, a court usually cannot grant a divorce until at least 60 days after the case is filed. Most divorces take longer, especially if there are issues with property, custody, support, or other disagreements that need to be settled.
The waiting period matters for planning. Some people need temporary orders right away, even though the divorce cannot be final yet. Others use this time to gather records, figure out asset values, or work out agreements. We help clients understand the steps from filing to getting temporary help and finally reaching a divorce order.
Gather Financial Records Before Filing
Financial records are key in most Texas divorces. Before you file, gather recent tax returns, bank and credit card statements, mortgage records, retirement and brokerage account statements, pay stubs, business records, loan documents, insurance policies, vehicle titles, deeds, appraisals, and records of big purchases or transfers.
Texas courts divide marital property under Texas Family Code § 7.001 in a manner the court finds “just and right,” with due regard for the rights of each party and any children of the marriage. That does not always mean a perfect 50/50 split. The court may consider facts such as income differences, fault in the breakup of the marriage when pleaded and proven, earning ability, separate property claims, health, debts, tax concerns, and children’s needs. Accurate records help us identify what exists, what may be community property, what may be separate property, and what needs further review.
Do Not Move Money Or Hide Assets
Before you file, do not drain accounts, hide property, transfer assets to family, change account passwords to block your spouse, or make unusual withdrawals without talking to a lawyer. These actions can hurt your case and may lead to court orders for repayment, disclosure, or other solutions.
Texas divorce courts expect both sides to be honest about property and debts. If someone tries to hide assets, destroy records, or change finances unfairly, it can affect the settlement, discovery, temporary orders, and trial. If you are concerned your spouse might move money, we can talk about legal ways to protect assets and ask for temporary orders if needed.
Think Carefully About The Children Before Filing
When children are involved, preparation should include more than legal paperwork. Parents should think about school schedules, medical care, extracurricular activities, transportation, holidays, communication, and the child’s emotional stability. Under Texas Family Code § 153.002, the best interest of the child is the primary consideration in deciding conservatorship, possession, and access.
In Texas, many court orders use the word “conservatorship” instead of custody. Conservatorship covers parental rights and decisions, while possession and access refer to the parenting schedule. Before filing, we help parents consider daily details like who takes the child to school, who goes to medical appointments, how exchanges will work, and if special plans are needed for work schedules, distance, safety, or a child’s needs.
Review Child Support And Health Insurance Issues
Child support should also be considered before filing. Texas child support guidelines are found in Texas Family Code Chapter 154. Texas Family Code § 154.125 provides guideline percentages for child support based on the obligor’s monthly net resources and the number of children before the court. Courts may also address medical support, dental support, childcare, unreimbursed medical expenses, and other child-related costs.
Before you file, try to collect income records for both spouses if you can. Pay stubs, tax returns, bonus and commission records, business income, and benefit details can all be important. If a parent is self-employed or has irregular pay, figuring out support may take extra attention.
Consider Whether Temporary Orders Are Needed
Some spouses need immediate structure after filing. Temporary orders can address who lives in the home, who pays certain bills, temporary child support, temporary spousal support, possession schedules, use of vehicles, insurance, and rules about communication or property. Texas Family Code § 6.502 authorizes courts to issue temporary injunctions and other temporary orders in divorce cases when appropriate.
Temporary orders can shape how the case goes. They can affect money, parenting routines, and who uses property while the divorce is in progress. Before filing, we talk about whether you need temporary orders right away or if a less urgent approach might be better. The best choice depends on your situation.
Protect Communications And Avoid Social Media Mistakes
Before you file, remember that texts, emails, voicemails, social media posts, photos, and direct messages could be used as evidence. Angry messages can harm your case. Posts about dating, spending, drinking, parenting, travel, or arguments can be misunderstood. We tell clients to keep communication calm and factual, and to avoid posting about the divorce online.
This is even more important if your case involves children, claims of family violence, fault, substance use, or money disputes. Often, it is better to stay silent than to send a message in anger. If talking is hard, we can help you find safer ways to share important information.
Speak With A Divorce Attorney Before Making Major Decisions
Before you file for divorce, do not rely on advice from friends, online forums, or past divorces. Texas divorce law depends on the details of each case. Someone with business interests, inherited property, stock options, a professional practice, real estate, high income, debt, or children may need a different plan than someone with a short marriage and few assets.
We help clients get ready before filing by looking at their goals, risks, documents, children’s needs, financial questions, and what to expect in court. Good planning can help avoid mistakes and give your case a stronger beginning.
FAQs About What To Do Before Filing For Divorce In Texas
What Should I Do First Before Filing For Divorce In Texas?
First, make sure you meet the Texas residency rules. Under Texas Family Code § 6.301, one spouse must have lived in Texas for six months and in the county for 90 days. After that, gather tax returns, pay records, bank statements, retirement records, mortgage papers, debt records, insurance details, and your children’s school or medical records. We also suggest talking to a divorce lawyer before making big decisions like moving out, changing accounts, or talking about settlement terms.
Should I Move Out Before Filing For Divorce?
Sometimes moving out is the right choice, especially if there is conflict, safety concerns, or a need for space. In other cases, moving out can cause money or parenting problems. If you have children, moving may change temporary schedules, school routines, transportation, and how the other parent talks about daily care. If you own property, moving out does not mean you lose your share, but it can affect who uses the home during the divorce. We suggest getting legal advice before leaving the marital home, unless you need to act quickly for safety.
What Financial Documents Should I Collect Before Filing?
Gather documents that show your income, assets, debts, and spending. This means tax returns, W-2s, 1099s, pay stubs, bank and credit card statements, mortgage statements, retirement and brokerage account records, business records, loan papers, vehicle titles, deeds, insurance policies, and records of valuable items. If you have separate property, collect records showing when and how you got it. Separate property can include things you owned before marriage, certain gifts, and inheritances, but you need proof.
How Long Does A Texas Divorce Take?
Texas law generally requires at least 60 days before a divorce can be finalized under Texas Family Code § 6.702. Many divorces take longer. An agreed divorce may finish closer to the end of the waiting period if all documents are complete and the court’s schedule allows it. A contested divorce may take months or longer if there are disputes over property, children, support, business interests, discovery, or trial. The timeline depends on the issues, the spouses’ willingness to resolve disputes, and the court’s docket.
Can I File For Divorce Without Telling My Spouse First?
Yes, you can file for divorce before telling your spouse, but your spouse must be officially notified or agree to waive service before the case can continue. Deciding whether to talk about divorce before filing is a personal and strategic choice. Sometimes, talking first can make things calmer and more cooperative. Other times, especially if money might be moved, threats are possible, or safety is an issue, it may be better to file first. We help clients choose the safest and best approach for their situation.
What If My Spouse Controls All The Money?
If your spouse controls the finances, you still may have options. Temporary orders may address bill payment, use of accounts, attorney’s fees, support, and access to property while the case is pending. Try to gather whatever records you can lawfully access, including tax returns, account statements, pay records, and household bills. Do not hack accounts, steal private documents, or break the law to obtain information. Through the divorce process, formal discovery may be used to request financial records.
How Should I Prepare If We Have Children?
Focus on keeping things stable and keeping good records. Track school schedules, medical providers, activities, childcare costs, insurance, and how each parent is involved. Plan a parenting schedule that works and think about how exchanges will happen. Texas courts decide conservatorship, possession, and access based on what is best for the child under Texas Family Code § 153.002. Do not speak badly about the other parent to your children or use them to pass messages. Courts pay close attention to each parent’s ability to meet the child’s emotional and physical needs.
Should I Close Joint Accounts Before Filing For Divorce?
Do not close or empty joint accounts without talking to a lawyer. Sometimes you may need to act to protect your finances, but sudden changes can look unreasonable or break temporary orders after filing. It is better to record account balances, watch for unusual activity, keep records, and talk to your lawyer about safe ways to protect your money. If you are worried your spouse might drain accounts or run up debt, temporary orders can help manage those risks.
Call Orsinger, Nelson, Downing & Anderson Before Filing For Divorce In Texas
If you are considering divorce, preparing ahead can protect your rights and help you avoid expensive mistakes. Orsinger, Nelson, Downing & Anderson helps clients with divorce, property division, conservatorship, possession and access, child support, spousal maintenance, business valuation, and complex family law issues. We guide clients to make informed choices before and during the divorce process Contact our Dallas divorce attorneys at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation. We serve clients from our offices in Dallas, Frisco, and San Antonio, Texas.