Divorce is often one of the most challenging events in a person’s life. Whether the split is amicable or contentious, the process is emotionally and financially draining. While no divorce is free from difficulty, taking proactive steps can help you navigate the journey more smoothly. Proper preparation is essential when it comes to handling the financial and custody aspects of the process.

In this guide, we will cover the key steps you should take to prepare for divorce in Texas. We’ll focus on organizing your finances, understanding custody arrangements, selecting the right attorney, and setting realistic goals for your divorce outcome. With a clear strategy in mind, you can set yourself up for a more favorable resolution and ease the stress that often accompanies a divorce.

Organizing Your Finances: The First Step to a Successful Divorce

Financial preparation is perhaps the most important part of the divorce process. Divorce involves the division of assets, debts, and other financial matters. To ensure that your financial interests are protected, it’s critical to gather all relevant financial documents well in advance of the proceedings.

In Texas, the law assumes that property and debts accumulated during the marriage are shared equally. This means that assets such as real estate, bank accounts, vehicles, retirement accounts, and life insurance policies must be divided between both parties. To make sure that your share is accurately calculated, you need to have all documents pertaining to these assets on hand.

Some of the most important financial documents to gather include:

• Investment accounts: Any savings or retirement accounts, such as 401(k)s, IRAs, and pensions, must be included in the division of assets.
• Real estate documents: Mortgage deeds, title deeds to any property you own, and records of home equity loans or lines of credit.
• Debt records: Collect any records of credit card debt, student loans, personal loans, and mortgages. You will also need your spouse’s debt information, as community debt must be divided.
• Income and tax information: Pay stubs, tax returns, and other income-related documentation will be necessary to evaluate spousal and child support.

One of the most important documents to prepare is a financial information statement. This statement outlines your family’s budget, detailing monthly living expenses like housing, transportation, food, utilities, and child care. The financial statement will serve as a critical piece of evidence when requesting temporary support, such as child support or spousal support, during the divorce process.

By organizing your financial records, you help your lawyer build a strong case on your behalf and minimize the time and cost associated with gathering information later in the divorce. The more complete your documentation, the easier it will be to navigate the financial aspect of the divorce and ensure a fair division of assets and debts.

Understanding Custody: Preparing for Parenting Decisions

In a divorce, child custody is often one of the most sensitive issues. Many parents worry about securing custody of their children, especially if there are disagreements over who will have primary custody.

In Texas, the court’s priority is always the child’s best interests. If you are fighting for custody, it’s essential to prepare by documenting your role in your children’s lives. The more evidence you can provide that shows you are the primary caregiver, the stronger your case will be.

The two main types of custody in Texas are joint managing conservatorship and sole managing conservatorship. Joint conservatorship is the standard, where both parents share responsibility for decisions about the child’s education, health care, and other major aspects of their lives. However, the day-to-day decision-making may fall to one parent, depending on the specifics of the case.

In cases where one parent is granted sole managing conservatorship, they have the authority to make decisions regarding the child without needing input from the other parent. However, even in these cases, the non-custodial parent usually still has visitation rights, unless there are concerns about their fitness as a parent.

To make a strong case for primary custody, it’s important to demonstrate your involvement in your children’s day-to-day care. Who takes them to doctor’s appointments? Who picks them up from school? Who handles their homework, meals, or bedtime? These everyday actions are what show the court that you are the primary parent in your child’s life.

If you are struggling to maintain your role in your children’s lives during the divorce, make sure you are proactive in your involvement. Keep records of important events, like medical appointments, school meetings, and extracurricular activities, where you take the lead. Your attorney will be able to use this information to support your position in court.

Selecting the Right Attorney: Finding a Supportive and Effective Advocate

Choosing the right attorney is one of the most important decisions you will make during your divorce. While it might seem tempting to hire the most aggressive lawyer in town, it’s important to focus on finding an attorney who can listen to your needs and help you achieve your goals in a supportive manner.

While some people may want an attorney who is tough and combative, most individuals are looking for a lawyer who can help them navigate the process with less drama and conflict. A lawyer who understands your priorities and focuses on providing clear, respectful communication will likely help you achieve a better outcome.

You’ll also want to ensure that the lawyer you hire has the right team in place to support your case. A good divorce lawyer should have access to resources such as financial analysts, forensic accountants, or child custody professional, who can help ensure that the financial and custodial aspects of your divorce are handled fairly and thoroughly.

In many cases, an attorney who is a good listener and who is focused on resolving issues in a non-confrontational manner is the best choice. You should feel comfortable talking to your lawyer about your concerns and goals. Open communication is essential to achieving a favorable outcome for you and your family.

Setting Realistic Expectations: What to Expect in a Divorce

One of the most common misconceptions about divorce is the idea that one spouse will “win” and take everything. Many people walk into divorce proceedings with unrealistic expectations, hoping to walk away with a majority of the assets. However, in Texas, divorce is based on the principle of just and right division. This means the court will divide assets and debts fairly, not necessarily equally. The goal is to ensure a fair division, considering all the circumstances involved.

In many cases, you may not get everything you hope for, but you should expect to reach a resolution that is equitable. Whether it’s the family home, retirement accounts, or other shared property, the court will consider the whole picture and divide the community estate accordingly.

Regarding child custody, Texas law also aims for a reasonable visitation schedule that allows both parents access to their children. While visitation isn’t always divided equally, the court will ensure that both parents have meaningful access to their children, provided that it’s in the best interest of the child. In many cases, the standard possession order will apply, which offers both parents a structured schedule for visitation.

It’s important to manage your expectations and accept that divorce isn’t about “winning” but about reaching a fair and reasonable settlement. A cooperative approach is often the best route, as it helps minimize conflict and allows both parties to move on with their lives.

Navigating a divorce in Texas can feel like an overwhelming challenge, but with the right preparation, you can make the process more manageable. By organizing your finances, preparing for custody decisions, selecting the right attorney, and setting realistic expectations, you’ll be better equipped to handle the divorce process effectively and with confidence.

At De Ford Law Firm, we understand the complexities of divorce and are here to support you every step of the way. Whether you need assistance with financial organization, custody arrangements, or simply need a compassionate advocate to guide you through the process, we are committed to ensuring that your interests are protected.

For more information on how we can assist you during your divorce, schedule a case evaluation today at www.defordlawfirm.com or call us at 936-274-6823.