Ending a marriage may be one of the most challenging decisions in your life. You may feel sad and overwhelmed, which is why you need to hire a divorce attorney to help you make informed decisions and speed up the process. Having a good lawyer by your side may determine favorable court decisions regarding alimony, child custody, and division of assets.
1. Get Legal Counsel and Assess the Situation
If you have already made up your mind and believe that divorce is best for you, you need to get legal counsel, sometimes even before communicating your decision to your spouse. Because of the emotional nature of the divorce process, you may want to have some clarity regarding practical issues before you move forward. A divorce attorney in Sugar Land TX will help you understand your standing and the steps you need to take to be prepared.
If you are a victim of domestic violence, you should look for a safe place for you and (if you have them) your children. If this is the case, all communications with your spouse should be handled by your attorney.
2. Protect Yourself
Even the calmest of persons can act irrationally when faced with a difficult decision such as divorce. Regardless of your spouse’s character and history, you need to follow some steps to protect yourself, your property, and your rights. Some of the most critical include:
Protect Sensitive Information
Many people go through their spouse’s personal accounts during the divorce process, so changing social media and email account passwords is wise. Also, consider changing all financial passwords for your personal accounts, and protect your credit. If your bank offers additional protection for your accounts, use it.
Copy and Protect Important Documents
If you can remove your documents from a shared household before you leave, or prevent your spouse from taking them, do so. Create a digital archive of important documents such as passports, birth certificates, titles, and any other you consider essential. If you are missing important documents, and believe your spouse has them, notify the court. Identity theft by a spouse seeking revenge is not uncommon.
Create an Inventory of Shared Items
This is especially important if you leave the shared household and if there are items that have a particular value to you. In Texas, everything acquired before the marriage or protected by a prenuptial agreement is considered separate property, so you may take it with you without issue. However, everything acquired during the marriage is considered community property, and if you cannot agree on how to divide it, you’ll need to wait for a court’s decision.
3. Determine Grounds for Divorce
According to the Texas Family Code, there are seven grounds for divorce:
- Abandonment
- Insupportability (which is a synonym for “irreconcilable differences”)
- Conviction of a Felony
- Adultery
- Lack of cohabitation for at least three years
- Confinement in a mental hospital
- Cruelty
The divorce process may significantly vary according to your chosen grounds for divorce (for example, a court may deny alimony payments to an unfaithful spouse), so this is a decision that you need to make with your attorney’s advice.
4. File a Petition for Divorce
To file a divorce petition, you’ll need to fill out several forms, such as the Original Petition for Divorce, the Standard Possession Order, and the Civil Case Information Sheet. Additional forms may be required according to your specific circumstances. Some of the documents you may want to keep at hand to fill these forms are personal IDs and your marriage certificate.
Only residents who have lived in the State for at least six months can file for divorce in Texas. Along with providing documentation, you will need to cover filing fees at the moment of filing.
5. Serve Divorce Papers
Before you can consider the divorce process officially initiated, the last step is to serve the papers to your spouse. This is an essential step, and you cannot move forward without it. If your divorce is uncontested (you both agree to it), you can serve the papers yourself and ask your spouse to sign them. If this is not the case, your documents may be served by someone appointed by the court or a process server.
Consider Mediation
If your relationship allows it, your lawyer and your spouse’s lawyer may serve as mediators and help you reach an agreement and expedite the process. An external mediator may also be called in when any party requests it. Avoiding litigation is best for some couples, so ask your lawyer if it may work for you. After a mediation process, your lawyers will draft a separation agreement to be presented to the court.
A divorce process is not emotionally or administratively simple, so getting professional support is the best way to navigate it.
