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Preparing for a Divorce in Texas 1

Being in the position of having a potential divorce is often one of the worst times in a person’s life.  Should you think you have reached that point in your life where your marriage is past any point of being repaired and you think a divorce might be necessary, there are some steps you should take to prepare yourself for a divorce.

Step 1. Find A Divorce Attorney

Unless you have been through a divorce before, you probably do not have a divorce attorney.  You should start looking for one right away and consult with them on the process of a divorce.  This will include inquiring about your rights and responsibilities in regards to custody and property.

Step 2. Prepare A Property Inventory

Go through everything you and your partner own.  That means finding major items throughout the house and inventorying them.  From furniture to art and automobiles you should make sure to get everything of value.  This also includes things that might not be at home such as those in safe deposit boxes and storage facilities. Knowing all you can about the property owned between you can be key in a divorce case.

Step 3. Get Copies Of Everything

Just like with property you want to be able to have copies of any important files that you two might have.  That means coping bank statements, tax returns, contracts, receipts, loan information, debt information, titles to cars/boats/trucks/etc, and anything else that you can find. Make copies of everything that you can and store them somewhere safe.

Step 4. Review Household Finances

You should be prepared to know everything possible about household finances.  From family debt to the monthly budget.  This will mean finding documentation such as receipts, check registers, online banking logs, and more.  You want to know how much you spend every month versus how much debt you have. If there is outstanding debt, it would be prudent to pay that debt off before you start divorce proceedings.  Debt is hard to align properly during a divorce and is an item that commonly is argued about.

Step 5. Find Proof Of Income

Knowing how much your spouse earns will be invaluable in divorce proceedings.  It will help to make sure that you and your attorney can argue for fair terms in the divorce.  Try to get proof of how much that your spouse makes.  Having proof will make it hard for them to hide money during the divorce process.

Step 6. Build Your Own Credit History

Credit history is important to being able to purchase homes, cars, get loans, or even to rent an apartment.  If all of your credit history is tied to your spouse it is time to start building your own credit history.  Even if you only start a few months before your divorce, you are getting started early.

Step 7, Start Saving Now

During a divorce assets that are in joint accounts can be put on hold.  You might not have access to them and could be stuck with only the money that you earn.  No savings.  Starting to save as soon as divorce comes into your mind is important.  The money you put aside can be used for many important things such as putting money down for a retainer.

Step 8. Do Not Move Out

Moving out of your house could be a big mistake.  When you talk with a divorce attorney, discuss whether this is right or not.  You could be giving up residency, especially if you are moved out for a long period of time before the divorce.

Step 9. Your Kids Are Most Important

If you don’t already, it is time to put your kids at the top of your schedule.  The more that you work with your kids, the more you become a normal part of their life.  By being a normal part of their life, you are establishing importance in their daily routine. Make sure that your children see you always being positive.

Step 10. Be Polite To Your Spouse

Even if both parties in the divorce know that it is coming, you need to continue to be polite.  If you start bad talking each other, or start being mean, you could be giving them credit in court.

Being informed during the divorce process is important.  By reading this article you are starting the process but you need to continue on with it.  Start preparing for that divorce now.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at

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