Divorce often begins long before a petition is filed. The decisions you make during the early stages can affect your finances, children, living arrangements, and position throughout the case. Before taking legal action, focus on preparation rather than confrontation.

Understand Your Financial Picture

Begin gathering records that show what you and your spouse own, earn, owe, and spend. Useful documents may include:

• Recent bank and credit-card statements

• Tax returns and income records

• Retirement and investment statements

• Mortgage, deed, and property records

• Vehicle titles and loan statements

• Business ownership records

• Insurance policies

• Records of significant debts

• A current household budget

Do not hide, destroy, transfer, or withdraw assets in an attempt to place them beyond your spouse’s reach. Unusual financial activity can create legal and strategic complications.

Protect Access to Important Information

Make copies of records you may need and store them somewhere secure. Update passwords for personal accounts when appropriate, but do not access accounts that do not belong to you or interfere with your spouse’s lawful access to jointly held property.

Review your email, cloud storage, financial accounts, and mobile devices. Consider whether another person can access confidential communications or location information.

Think Carefully Before Leaving the Home

Moving out may be necessary for safety or stability, but it can also affect access to property, documents, and children. Before changing residences, speak with a family law attorney about the practical implications.

When family violence or an immediate safety concern exists, personal safety should come first. Emergency protective relief or temporary court orders may be available.
 

Avoid Informal Custody Arrangements You Cannot Sustain

If children are involved, begin documenting their regular schedules, medical needs, education, activities, and each parent’s caregiving responsibilities. Avoid using the children to deliver messages, gather information, or influence the other parent. Courts focus on the child’s best interest when deciding conservatorship, possession, and access. (Texas Statutes⁠)
 

Review Existing Court Orders

A prior custody, support, protective, or property order may affect how the divorce must be filed and what relief can be requested. Provide your attorney with complete copies of every existing order.
 

Understand the Texas Waiting Period

In most cases, a Texas court cannot grant a divorce until at least 60 days after the petition is filed. This is a minimum waiting period—not a guarantee that the case will be completed in 60 days. Contested property, custody, support, or discovery issues can extend the process considerably. Limited statutory exceptions may apply in certain family-violence circumstances. (Texas Statutes⁠)

Do Not Announce Your Strategy Too Early

Threatening divorce, posting accusations online, emptying accounts, or attempting to gain leverage through the children can escalate the dispute before a legal strategy is in place. Preparation gives you more control. Before filing, understand your goals, your immediate risks, and the evidence needed to protect your interests.

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Speak With a Texas Family Law Attorney

Every divorce presents different questions involving property, debt, children, businesses, retirement, support, or safety. Early legal guidance can help you identify risks before they become emergencies.

Ready to discuss your options? Contact the Law Office of Michelle McKinney, LLC to begin the confidential inquiry and conflicts-check process.

This guide provides general educational information and is not legal advice. Reading this guide or contacting the firm does not create an attorney-client relationship.