Texas Divorce Checklist: How to Prepare for Divorce

Facing a divorce can be overwhelming, but arming yourself with the right knowledge and tools can make all the difference. Our ultimate Texas divorce checklist, which was created by our team of experienced Fort Worth divorce attorneys, will help you stay organized and informed throughout the process. After all, knowledge is power.

Your Divorce Action Plan

If you are headed for divorce, it’s important to have a game plan. You want to have all of your ducks in a row so the process can go as smoothly as possible. If you follow this Texas divorce checklist, you will feel less stressed and be better prepared for the long and emotional road ahead.

Get an Experienced Divorce Attorney

The first item on our Texas divorce checklist is the most important. It’s imperative to enlist the help of an experienced and skilled family law attorney. Do not try and go it alone. An experienced divorce attorney will help you navigate the divorce process, inform you of your rights and legal obligations, provide valuable advice, and work to obtain the most favorable outcome possible for you and your children.

The professionals at Varghese Summersett Family Law Group are here to guide you through this life-changing decision with expertise and empathy. Call us at 817-900-3220 to schedule a consultation today.

Decide Where to Live

Determine whether you’ll stay in the marital home, move to a new residence, or stay with family or friends during the divorce process. Consider both the financial and emotional implications of each option and start making necessary arrangements. If both you and your spouse want to stay in the marital home, it could get contentious. It’s definitely important to consult with an experienced divorce attorney to find out your options. We can help.

Open New Accounts, Credit Card in Your Name

Opening a new checking and savings account in your name is crucial to ensure you have control over your finances during the divorce process. As soon as the divorce petition is filed, start a retirement account by having your paychecks direct deposited to your account.

Likewise, if you don’t have a credit card solely in your name, now is the time to apply for one. Having a credit card solely in your name will provide you with financial independence, especially during an emergency. It can also help to build your credit score, which is very important when you’re starting out on your own.

Take Pictures

If you are getting a divorce, it is essential to gather evidence that can support your case in court, particularly if you anticipate disputes over assets, custody, or alimony. Here are some suggestions for what documents related to you may want to take pictures of:

• Property and assets: Take photographs of all shared and personal property, including real estate, vehicles, furniture, jewelry, art, and other valuable items. This will help establish the value and condition of these assets at the time of separation.
• Personal belongings: Take pictures of your personal belongings, especially if you are concerned about your spouse hiding, damaging, or disposing of them during the divorce process.
• Incidents of abuse or neglect: If there have been incidents of abuse or neglect, take photographs of any injuries, property damage, or other evidence that supports your claim.
• Communication records: Photograph any relevant text messages, emails, or social media posts between you and your spouse that may support your case.
• Parental involvement: Capture moments that show your involvement and commitment as a parent, such as attending school events, participating in extracurricular activities, and spending quality time with your children.
• Spouse’s behavior: If your spouse is engaging in activities that may negatively impact their ability to parent, such as substance abuse, take pictures to document the behavior.

Consult with a divorce attorney to ensure you are gathering the most relevant evidence for your case. Always abide by the law and avoid any actions that could be considered harassment or an invasion of privacy.

Change Passwords

Change the passwords on all of your personal accounts, including social media, email, and online accounts. Do not, however, change passwords to joint accounts – at least not without consulting with your attorney first. Whatever you do, don’t share your new passwords with your spouse or anyone who might give them to your spouse.

Gather Information on Your Children

If you will be dealing with child-related issues such as custody and child support, it’s essential to gather relevant information about your children. This information can help the court make informed decisions and ensure the best interests of the children are prioritized. Here’s a checklist within our Texas divorce checklist on what information you should gather:

• Identification: Collect your children’s birth certificates, Social Security cards, passports, and any other identification documents.
• Medical records: Gather your children’s medical records, including immunization history, medications, allergies, and any ongoing medical treatments or conditions.
• School records: Collect report cards, standardized test scores, attendance records, and any other relevant school records for each child.
• Child care arrangements: Document information about your children’s current childcare providers, including their contact information, fees, and schedules.
• Daily routines: Keep a record of your children’s daily routines, including their typical wake-up and bedtime, meal times, extracurricular activities, and homework schedules.
• Parental involvement: Document your involvement in your children’s lives, such as attending school events, helping with homework, and participating in their activities.
• Special needs: If your child has special needs or requires accommodations, gather any relevant documentation and records detailing the necessary support and services.
• Records of communication: Keep records of communication between you and your spouse regarding your children, including text messages, emails, and written notes.
• Parenting concerns: If you have concerns about your spouse’s parenting abilities or behaviors, document any incidents, evidence, or witnesses that support your concerns.

By gathering this information, you’ll be better prepared to address child-related issues during the divorce process. It’s essential to consult with a Texas family law attorney to ensure you’re gathering the necessary information and following the appropriate legal processes.

Gather Financial and Legal Documents

When going through a divorce, it is essential to gather and organize various financial and legal documents to ensure a fair division of assets, liabilities, and determination of alimony and child support. Here’s a list of some financial institutions and documents you may need during the divorce process:

• Tax returns: Obtain copies of both joint and individual federal and state tax returns for the past three to five years, including W-2s, 1099s, and other tax-related documents.
• Income documentation: Gather pay stubs, employment contracts, bonuses, commissions, and any other proof of income for both spouses.
• Bank statements: Collect statements from all joint and individual bank accounts, including checking, savings, and investment accounts.
• Retirement accounts: Obtain statements for all retirement accounts, such as 401(k)s, IRAs, and pensions.
• Real estate documents: Collect property deeds, mortgage statements, and property tax bills for all jointly and individually owned real estate.
• Titles and loan documents: Gather documentation for all vehicles owned by both spouses, including cars, boats, motorcycles, etc.
• Credit card statements: Compile statements for all joint and individual credit card accounts.
• Loan and debt statements: Gather documentation for all outstanding loans and debts, including personal loans, student loans, and lines of credit.
• Insurance policies: Collect information on all insurance policies, such as life, health, disability, and property insurance.
• Business documents: If either spouse owns a business, gather financial statements, business tax returns, and ownership documents.
• Monthly household expenses: Compile a detailed list of monthly expenses, including utilities, groceries, transportation, and childcare costs.
• Marital and prenuptial agreements: If applicable, provide a copy of any marital or prenuptial agreements that may affect asset division or spousal support.
• Estate planning documents: Locate wills, trusts, and other estate planning documents that may be relevant to the divorce proceedings.
• Social Security statements: Obtain statements that show the earning history and projected benefits for both spouses.
• List of valuable personal property: Compile an inventory of valuable personal property, including jewelry, artwork, and collectibles.

This Texas divorce checklist is not all-encompassing. Again, it is important to consult with an experienced divorce attorney to ensure you gather all the necessary documentation for your unique case.

Prepare for a New Parenting Arrangement

For most people, the hardest part of divorce is the children. It’s important to spend time thinking about their needs and their best interests. If you and your spouse are splitting amicably, discuss jointly what kind of custody and visitation arrangement would work best for the children. If you are not on good terms, speak to your attorney about the various options and what type of arrangement will help maintain a strong relationship between the children and both parents.

FAQS About the Divorce Process in Texas