Divorce is never easy, but with proper preparation, you can make the process more manageable. Divorce involves many moving parts, from finances to custody arrangements, and it’s essential to understand what to expect. By approaching the process with the right tools and mindset, you can set yourself up for a smoother transition. In this blog, we’ll walk through some crucial steps you can take before filing for divorce, focusing on financial organization, custody arrangements, selecting the right attorney, and setting realistic goals for the outcome.

Understanding the Importance of Financial Preparation

One of the first things you should do when preparing for divorce is gathering all relevant financial documents. This means collecting investment accounts, pension information, life insurance details, and anything related to property ownership, such as mortgage deeds. The more information you have, the better prepared your lawyer will be to help you navigate the complexities of asset division and spousal support.

In Texas, all property that is acquired during the marriage is considered “community property.” This includes homes, cars, bank accounts, and retirement plans. It is critical to have detailed information about all of these assets and liabilities so your lawyer can represent your best interests. Moreover, debts like credit card bills, student loans, and personal loans will also be considered during the divorce process, so it’s essential to gather records of any debt you and your spouse may have accumulated.

Texas law requires you to complete a financial information statement, which will be a key part of determining temporary support during the divorce process. This statement outlines your family’s budget and living expenses, including rent or mortgage payments, utilities, car payments, insurance, and any other recurring costs. By preparing this information, you ensure the court has a clear understanding of what financial support is needed during the divorce proceedings. It helps to demonstrate your lifestyle and justify your request for child support, spousal support, or other forms of temporary financial assistance.

The more organized and thorough your financial records are, the easier it will be for your lawyer to build a strong case. It also helps expedite the divorce process, saving you both time and money.

Preparing for Custody Discussions

Child custody is often one of the most contentious parts of a divorce. If you’re concerned about child custody, it’s essential to document your role as the primary caregiver. In many cases, the court will determine temporary custody arrangements early in the divorce process. Whether it’s by agreement or court order, this determination will impact the living arrangements for your children during the proceedings.

It’s important to note that Texas courts aim to keep both parents involved in their children’s lives, and the goal is usually joint managing conservatorship, where both parents share responsibilities in decision-making for the child’s health, education, and welfare. However, there are cases when one parent is granted sole custody, often referred to as “sole managing conservatorship,” especially if the other parent is deemed unfit for some reason.

When seeking primary custody, you should provide evidence of your involvement in your children’s everyday life. Whether it’s attending doctor’s appointments, making meals, or helping with schoolwork, these small acts play a significant role in demonstrating your commitment as the primary parent. The more evidence you can provide showing that you are the primary parent, the stronger your case will be.

If you’re dealing with an opposing spouse who is fighting for custody, make sure you document your daily routines with your children and how you’re involved in their lives. This could be something as simple as who takes the children to school every morning, or who spends more time managing their activities and personal care. The court will consider these things when determining which parent is the most suitable to care for the children full-time.

Finding the Right Divorce Attorney

Choosing the right attorney is a critical decision during the divorce process. Many people mistakenly assume that the toughest lawyer—someone described as a “shark”—is the best choice. However, if your goal is to have a smooth divorce that addresses your needs and protects your interests, finding a lawyer who listens and communicates well is essential.

Divorce is not always a battle, and while some cases may require a more aggressive approach, most people want an attorney who will help them reach a fair resolution without unnecessary conflict. Look for an attorney who values cooperation and understands your goals for the divorce process.

It’s also important that your attorney has a strong team behind them. A good lawyer will have resources such as financial analysts or forensic accountants who can help uncover hidden assets or properly assess the value of marital property. By finding an attorney with the right support, you ensure that your interests are fully protected throughout the process.

Setting Realistic Expectations for Divorce

One of the biggest misconceptions in divorce is that one party will “win” and take everything. Many people approach divorce with the goal of receiving the majority of the assets or “winning” in some way, but in most cases, that is not a realistic expectation. Texas divorce law is based on a “just and right division” of property, which doesn’t necessarily mean an equal 50/50 split but rather a fair distribution based on the circumstances of the marriage.

The court will look at many factors when dividing assets, such as the length of the marriage, each spouse’s earning potential, and any misconduct or fault involved. Whether it’s the family home, retirement accounts, or other assets, the goal is to ensure that both parties are treated fairly. You may not get everything you want, but fairness should be the ultimate outcome.

Additionally, when it comes to custody, Texas law aims for a standard possession order that provides both parents with reasonable access to their children. The goal is not necessarily equal time, but a fair amount of access. Depending on your circumstances, your visitation schedule may be adjusted to best meet the needs of the children.

It’s essential to manage your expectations and understand that a fair and equitable resolution is usually the best outcome. Divorce is not about revenge or getting even; it’s about finding a way forward for both parties and any children involved.

Navigating a divorce in Texas can be overwhelming, but with proper preparation, you can ease the stress and protect your interests. By gathering financial documents, preparing for custody decisions, selecting the right attorney, and setting realistic expectations, you’ll be better equipped to manage the process. Divorce doesn’t have to be a drawn-out and expensive battle. With the right mindset and the right attorney, you can move forward toward a brighter future.

At DeFord Law Firm, we understand the challenges you’re facing and are here to help you through every step of the divorce process. Whether you need help organizing your finances, preparing for custody arrangements, or navigating complex legal decisions, we’re here to guide you every step of the way.