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Three key considerations before filing for divorce

On Behalf of | Jun 17, 2024 | Firm News

Many people rush into the divorce process without fully considering the consequences. This haste often leads to entanglement in legal complexities and financial burdens. To make sure that you do not become one of them, it is important to know the essential things you must consider before signing your divorce papers.

The type of divorce for your situation

As you consider divorce, one of the first important decisions you’ll need to make is which type of divorce to pursue. For instance, if you are seeking a divorce due to your spouse’s abusive behavior, you may want to consider filing for a fault-based divorce, which could impact the division of assets and spousal support.

On the other hand, if you are considering a no-fault divorce, you must determine whether you meet the residency requirements and whether your marriage has really broken down irretrievably.

Property division and asset protection

When it comes to dividing property in a Texas divorce, it is crucial to remember that Texas is a community property state. This simply means the law splits all assets acquired during the marriage equally between the couple. However, courts consider inheritances, gifts and assets acquired before the marriage to be separate property and are therefore not subject to division.

To protect your assets during this process, it is essential to keep accurate records and documentation. Consulting with a divorce attorney can also help ensure your individual properties are secure.

Child custody and support

Divorce is a pivotal moment in any family, but its effects are far more significant on children. As a parent, it is your responsibility to determine what type of custody and support arrangement is best for them. Working with your spouse or a mediator can be your first step toward reaching an agreement. This collaborative approach can reduce conflict and ensure a smoother transition for your children.

Divorce is a challenging process that can overwhelm even the most prepared individuals. If you are considering this path, you must understand that it involves complex legal procedures and deeply personal decisions, each with long-lasting effects on your life. By taking the time to understand the key legal considerations before filing for divorce, you can avoid costly mistakes and ensure a brighter future for yourself and your family.

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