Going through a divorce can be emotional. It is important to keep some key factors in mind when filing divorce papers in Texas.
Making the decision to dissolve a marriage is certainly not easy. Some couples find that after years of marriage, they are no longer compatible and wish to go their separate ways. There are many factors to consider before, during and after filing divorce papers to terminate a marriage in Texas. While some divorces are civil and friendly, others are heated and may end in an emotional court battle. It can be difficult for some people to make wise choices during this tumultuous time. Experts suggest that before couples put on their boxing gloves and enter the ring, they should get organized in order to make the entire divorce process as simple as possible.
1. Make a list of marital and separate property
According to the Huffington Post, Texas is a community property state when it comes to dividing property in a divorce case. This means that the judge presiding over the case will take all of the marital property and assets, and divide them equally in half between the spouses. Separate property, including items that a spouse owned prior to the marriage, are often ineligible for division. Couples are also legally required to disclose all of their assets and property. However, some parties may try to hide assets and/or property as a way to boost their post-divorce gain.
2. Which divorce option is best?
Divorce is not ‘one size fits all.’ According to Forbes, there are four common options. These include:
- Pro se: The couple is able to fill out and submit the divorce papers themselves, without any legal assistance.
- Court litigation: The couple disputes the terms of the divorce decree through use of attorneys in the court system.
- Mediation: Couples are able to sit down and negotiate the terms of their own divorce settlement in a civil, non-confrontational environment. A mediator, rather than personal attorneys, is present to guide the discussion, answer questions and ensure the settlement is complete.
- Collaborative divorce: This option is much like mediation; however, each party enters the negotiations process with a personal attorney.
Since every divorce case is unique, the couple must choose which options is best for their circumstances.
3. Taking care of the children
A divorce can become extremely emotional when there are children involved. Parents should try to work together to develop a parenting plan with the child’s best interests in mind. Factors, such as child support, insurance, child care, education, residence and how much time the child should spend with each parent, should also be discussed.
When to involve an attorney
Whether you decide to go through mediation or fill out the divorce papers yourself, you may want to speak to a family attorney before submitting the final paperwork. An established lawyer in Texas understands how the divorce process works in the state, and may be able to ensure that you get everything you are entitled to in your divorce case.