Preparing For An Impending Divorce In Texas
Are There Ways People Can Prepare Themselves Financially Or Otherwise Before Filing For Divorce In Texas?
Preparing financially, emotionally, and physically are all things you want to consider before filing for divorce. This includes preparation for things like where you’re going to live and who will pay the bills throughout the process.
On a financial level, it’s important to know that most attorneys will need a retainer upfront that might be as small as $3,000 or as large as $10,000, depending on the case’s complexity. Therefore, you’ll want the finances available to pay an attorney’s retainer to have your representation right from the beginning of your divorce case. This way, as soon as you’re ready to file for divorce, you’ll have an attorney on hand who can guide you through the process.
You may also need to consider what to do about where you will live during your divorce. Do you want to stay in the marital home, or do you want to move out and go live with a relative or rent another home?
Additionally, it is helpful to consider answers to the following questions:
- What vehicle are you going to drive?
- What bank accounts will you need access to?
- Will you have access to school and medical records for your children?
- And more…
Considering all your options enables you to continue to maintain your access in your role to your financial well-being, your physical well–being, and that of your children.
If I Move Out Of My Spousal Or My Marital Home And File For Divorce, Will I Lose Rights To That Property?
A common misconception is that if you move out of your marital home, you will lose rights to the property. However, leaving your home does nothing to stop your claim to the marital estate.
Claim to the marital estate was laid and perfected during the marriage. Nothing at the time of filing for divorce undoes what occurred during the marriage or before you were married. Whatever claim you have remains until a court decides what happens with your marital residence, so leaving the home does nothing to your legal claim.
Are There Any Benefits Of Being The Person Who Files For The Divorce?
There are benefits to being the first to file for divorce, as being the first to file labels you as the petitioner in the court record. Being the petitioner means that if the case must go to trial, you’re the party who gets to go first.
As the petitioner, you get to present your evidence first. You can also call witnesses and present evidence before the judge or jury. So, you want to be the petitioner.
Being the petitioner is beneficial because you can now set the groundwork and tell the story from your perspective before the court hears from the other side.
If I Leave My Spouse, Am I Allowed To Take My Kids Under The Texas Law?
You can take your kids under Texas law if you leave your spouse. Nothing specific in the family code prohibits you from taking the children. However, you wouldn’t want to hide the children or secret the children from the other spouse unless some protected court order permitted you to do so.
More importantly, you want to be looking at what the Standing Orders are in the county where you’re filing for divorce. The Standing Orders often have specific requirements from the local judges about how and when you can change your child’s residence. The Standing Orders also describe who can and cannot withdraw your children from school or change the school that they’re attending.
Talking with an attorney local to the county where you’re filing for divorce is very important. You want to ensure that you’re able to get their perspective on what that standing order says and how to ensure that you don’t violate any terms of the order.
For more information on Preparing For An Impending Divorce In Texas, an initial consultation is your next best step. Get the information and legal answers you seek by calling (903) 964-1122 today.
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