Are There Things You Need to Do Before Filing for a Divorce in Houston?

Are you preparing for a divorce in Houston? You may be wondering: Is there anything that you need to do before filing for divorce? At Lindamood & Robinson, P.C., we provide proactive divorce representation. That means solving problems before they arise. Here, our Houston divorce lawyer highlights some of the key things to do before a divorce in Harris County.

You Should Start By Confirming that You Satisfy the Texas Residency Requirement

You can file for divorce in Houston even if you got married in another state. However, Texas law imposes specific residency requirements before a court may exercise jurisdiction over a divorce proceeding. Under Texas Family Code § 6.301, at least one spouse must have been domiciled in Texas for the preceding six months and a resident of the county of filing for at least 90 days. In a Houston divorce, this typically means the petition will be filed in a Harris County district court.

You Should Gather and Organize Financial Documents and Records

Financial disclosure forms the foundation of any Texas divorce case. Notably, Texas is a community property state. That means that property acquired during the marriage generally belongs to the marital estate unless it qualifies under a separate property exception. Before filing for divorce, a spouse should collect key financial documents. These typically include bank statements, tax returns, retirement account records, mortgage documents, credit card statements, and business financial records. Accurate financial documentation allows the court to evaluate the marital estate and determine a “just and right” division of property under Texas law.

You Should Consider the Need for Temporary Orders and Any Immediate Legal Protection

Divorce cases in Texas can involve immediate legal and financial consequences. For that reason, a person may request temporary order(s) shortly after filing the petition for divorce. Temporary orders can address a wide range of issues, including things like such as child custody, possession schedules, spousal support, and the use of marital property while the case remains pending. Before filing for divorce in Houston, you should consider whether temporary relief will be necessary. For example, one spouse may need exclusive use of the marital residence or financial support while the divorce proceeds. An experienced Houston, TX divorce attorney can help you with this issue.

You Should Develop a Strategy for Custody Issues (For Parents) 

When minor children are involved, Texas courts must determine conservatorship, possession, and access under the best interests of the child standard. These determinations can significantly affect both parents’ rights and responsibilities. Before initiating a divorce, parents should evaluate the practical realities of parenting. If you have any questions about custody, an experienced Houston divorce lawyer for parents can help. 

Call Our Houston, TX Divorce Lawyer Today

At Lindamood & Robinson, P.C., our Houston divorce lawyer has professional expertise that clients can rely on. If you have any questions about preparing for divorce, we are here to help. Contact us now for a strictly confidential, no obligation initial case review. We handle divorce cases in Houston, Harris County, and throughout the region in Southeast Texas.