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Steps to Take If You’re Considering Divorce in Texas

Updated: Jul 3, 2024 @ 6:51 am

Reading Time: 4 Minutes

If you’re thinking about filing for a divorce, there’s a few things you need to know—most of which we’ll cover on this webpage.

Before moving forward with your divorce, please review this page. Afterward, if you have questions, contact our law office at 409-904-0043.

At Tad Nelson & Associates, we’ve helped thousands of people with family matters in Galveston County. If you need our help, we look forward to serving you.

Initial Considerations

Reflect and Decide

Reflect on Your Situation: Before initiating any legal action, you need to reflect on your circumstances. Divorce is a significant life decision with long-lasting implications. Counseling, either individually or as a couple, can be a valuable resource. By going through the counseling process, you’ll have an opportunity to find out if reconciliation is possible. If not, then divorce might be the best path forward. Remember, we always recommend that you do this work first!

Become Familiar With Texas Divorce Laws: Familiarizing yourself with Texas divorce laws might save you lots of confusion. As your lawyers, we’ll help you in this regard.

Texas allows for “no-fault” divorce filings. This means you can file for divorce without proving wrongdoing by your spouse.

However, fault grounds such as adultery or cruelty can still be cited during the divorce process. If this occurs, it may influence the division of community property. It may also impact any spousal maintenance you may be entitled to. See Texas Family Code §6.001 for more info.

Legal Preparation

Gather Documents and Set Goals

Collect Essential Documents: Start gathering all critical financial documents. This includes tax returns, pay stubs, bank statements, mortgage documents, investment accounts, and more. These documents will be important for determining asset division and child support orders.

Establish Your Goals: Clearly define what you want to achieve from the divorce. If you want to keep the family home, get custody of the kids, or ensure a fair division of assets, be clear on that.

Having clearly defined goals will guide our legal strategy throughout the divorce proceedings.

Talk with Our Divorce Attorneys

Divorce Court

Retaining a knowledgeable divorce attorney is one of the most impactful things you can do.

At Tad Nelson & Associates, we have seasoned Galveston family attorneys like Mr. Tad Nelson and Ms. Amber Spurlock as our lead counselors.

For over 30 years, we’ve provided effective legal representation coupled with smart guidance to our clients.

Our main goal is to protect your rights while fighting for the best possible outcome for you.

Initial Consultation

When you meet with us, be prepared to discuss all aspects of your marriage. We’ll go over any issues concerning children, finances, and property. This is the perfect time to ask questions and set realistic expectations about the outcome of your case. So, be sure to make a detailed list of all the questions you might have for us.

Filing for Divorce

Prepare the Petition

We’ll prepare your Petition for Divorce. This document outlines your intentions to dissolve the marriage. It also outlines your requests concerning property division, custody, and other pertinent issues.

Filing the Petition

The petition must be filed with the court. Per Texas Family Code §6.301, at least one spouse must be a resident of the state for a continuous six-month period prior to filing.

Temporary Court Orders

Requesting Temporary Orders

Temporary orders are often necessary to address immediate needs such as child custody, child support, spousal support, and property protection. These orders are meant to afford some predictability during the divorce process.

Temporary Orders Hearing

If temporary orders are contested, a hearing will be set where both parties can present their cases. At this point, we can lay the groundwork for the final orders.

The Discovery Process

Engaging in Discovery

Discovery is the formal process of exchanging information between spouses. This information will entail finances, properties, and other relevant matters. Processes involved during discovery include interrogatories, depositions, and requests for document production.

Expert Evaluations

Depending on the complexity of the assets, it might be necessary to involve third parties. These parties might include financial analysts and appraisers to provide detailed evaluations of assets.

Mediation and Negotiation

Attempting Mediation

Texas family courts generally require mediation before a trial can proceed. Mediation is a facilitated negotiation process aimed at reaching an amicable settlement.

Negotiating Settlements

If mediation is successful, a settlement agreement is drafted. The settlement agreement will detail the division of assets, custody arrangements, and other pertinent details of the divorce agreement.

Finalizing the Divorce

Drafting the Final Divorce Decree

Once an agreement is reached, the Final Decree of Divorce will be drafted. This document is legally binding and will encapsulate the divorce terms.

Court Approval

The decree is then presented to the court for approval. If the court is satisfied that the agreement is just and right, it will ratify the decree. This will officially dissolve the marriage.

Have Questions About The Divorce Process?

Talk with a Galveston Divorce Lawyer Today!

At Tad Nelson & Associates, we’re committed to providing comprehensive support to our clients. If you’re seeking experienced legal representation to help you get through this transitional period of your life, contact us today.

To schedule your free case evaluation, reach out to our Galveston office 24/7 by calling 409-904-0043. You can also send us a message using our law firm contact form.


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