How to Prepare for Divorce in Texas
Preparing for divorce in Texas can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in Texas
Fault Type
Both fault and no-fault
Waiting Period
60 days after filing
Property Division
Community property
Residency Requirement
6 months in TX, 90 days in county
- Texas offers both fault and no-fault divorce options.
- The 60-day waiting period is one of the shortest in the country.
- Mediation is often required before trial.
How to Prepare for Divorce in Texas
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (6 months in TX, 90 days in county)
- Decide whether an attorney or mediator best fits your situation
- Research Texas's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
Texas community property rules mean most marital assets are divided equally. Business interests and retirement accounts require careful valuation.
👨👩👧👦 If You Have Children
- Learn Texas custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
Texas courts prioritize stability for children. Standard possession orders provide a default custody schedule.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
Texas Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during Texas's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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