If you’re going through a divorce, remember to take the long view. Discussing future financial concerns with your divorce attorney can help you avoid unfortunate surprises.
If you are preparing to file for divorce or if your spouse has already served you with divorce papers, it’s time to get organized. While you are likely overwhelmed, having a divorce checklist can help you feel grounded.
One of the most important items on any divorce checklist is consulting with an experienced divorce attorney.
Your Divorce Is Unique, but the Involved Terms Are Not
While there are several common reasons for divorce, each divorce is unique. However, divorce terms don’t vary from case to case. Acquainting yourself with these terms will prepare you to finalize your divorce with your parental and financial rights intact.
Child Custody Arrangements
In Texas, child custody is based on the children’s best interests, which generally translates to both parents receiving a generous parenting time schedule unless there is a reason for ruling otherwise.
Legal Custody
Legal custody involves parental decision-making authority, allowing parents to make decisions about their children’s education, healthcare, extracurriculars, travel, and religious upbringing.
You and your ex can make parenting decisions together, but one of you may have tie-breaking authority. Another option is dividing these decisions by category.
In rare cases, one parent may have sole legal custody and make all major parenting decisions alone.
Physical Custody
Physical custody addresses parenting time. Both parents generally receive a significant number of overnights with the children. One of you may become the primary custodial parent, which entails having the children for the majority of their overnights and determining where they make their primary residence.
Child Support
Child support is determined by state guidelines, although courts have the discretion to deviate from these for verifiable reasons. Generally, the higher earner pays child support to the other parent (even when parenting time is shared equally) according to this model:
- They pay 20 percent of net income for 1 child.
- They pay 25 percent of net income for 2 children.
- They pay 30 percent of net income for 3 children.
- They pay 35 percent of net income for 4 children.
- They pay 40 percent of net income for 5 children.
- They pay at least 40 percent of net income for 6 or more children.
The Division of Marital Property
Texas is a community property state, which means everything that you and your spouse acquired during your marriage belongs to both of you, regardless of whose name is attached.
Upon divorce, your marital property will not necessarily be divided evenly between the two of you. Instead, it will be split between you fairly, given the circumstances.
Alimony
In Texas, alimony is called spousal maintenance, and it only applies to cases that leave one spouse unable to cover their own reasonable needs. Generally, the couple must be married for at least 10 years before alimony will be ordered. The state also has a payment cap and duration limitations based on the length of the marriage.
While alimony is not guaranteed, it can play an important role in your financial future if you’re entitled to it. Your financial rights matter, and a trusted divorce lawyer can help you protect them.
Your Divorce Checklist
By putting some thought and effort into the items on your divorce checklist, you’ll be better prepared to move through your divorce with confidence.
One: Find the Right Divorce Attorney for You
If you’re facing a divorce, you need professional legal representation on your side, and finding a divorce lawyer who is a good fit for you is the first order of business. You’re looking for an attorney who checks all the following boxes:
- Dedicates their practice to effectively resolving challenging divorce cases
- Makes you feel heard and with whom you are comfortable opening up
- Explains the divorce process to you in a manner you understand
- Helps you explore and pin down your divorce priorities
- Has sufficient time to dedicate to your case
Two: Gather All the Financial Documentation You Can
To receive a fair division of marital property, you need an accurate accounting of what you’ve got, which requires documentation. Gathering financial documentation can give you a leg up, and it helps to ensure that your spouse won’t attempt to deceive you financially.
There is a divorce discovery process in which both of you will be required to share financial information with one another. However, it’s not uncommon for one spouse to make the process difficult, which can slow things down and leave you vulnerable to receiving less than you deserve.
Further, some divorcing spouses are not above engaging in underhanded practices to keep more of the marital estate. The more financial digging you do, the less likely you are to be deceived.
Three: Gather Identifying Information
Divorce is a complex legal process requiring many official identification documents. Gathering documentation ahead of time can streamline the process while bolstering your peace of mind.
You should compile all of the following kinds of information:
- Your own, your spouse’s, and your children’s social security numbers
- Your own and your children’s passports
- Your own and your divorcing spouse’s physical addresses, phone numbers, and email addresses
- The names and addresses of your own and your spouse’s employers
Four: Determine the Cost of Running Your Household
Another important set of information is your family’s financials. You should gather information about the cost of running your household, including copies of these kinds of recurring bills:
- Car payments
- Insurance payments
- Credit card bills
- Utility bills, including internet and television services
- Mortgage payments
- Expenses related to your children’s schooling and extracurricular activities
- The cost of monthly groceries
- Clothing expenses
Understanding what it costs to run your home can position you to protect your financial rights.
Five: Establish Your Divorce Goals
Too many people head into divorce with the idea of fighting for whatever they can get their hands on with no real plan. This approach can wear you out very quickly, lead to a contentious divorce, and lead to worse terms.
It’s better to have a plan. Your divorce attorney will help you pinpoint your priorities and strategize a path forward that will conserve your energy, focus your attention, and secure terms that make sense for you and your children.
Six: Keep the Future in Perspective
If you’re going through a divorce, remember to take the long view. Discussing future financial concerns with your divorce attorney can help you avoid unfortunate surprises.
Keep these issues in mind as you craft your divorce plan:
- Your ability to afford keeping the family home, including property taxes
- Your ability to secure a new home if you won’t be staying in the family home
- Securing your fair share of your and your spouse’s retirement accounts
- The tax implications of the financial terms in your divorce
- The effect of your divorce on your estate plans
Seven: Determine the Kind of Divorce that Makes Sense for You
It’s also important to know how divorce works in Texas and to pursue the kind of divorce that is right for you. Most divorces in Texas are uncontested, which means that the spouses were ultimately able to negotiate divorce terms between themselves.
All uncontested divorces are no-fault, which means neither spouse is required to prove that the other’s wrongdoing caused the marriage to end. Further, most contested cases are also no-fault. Texas also allows fault-based divorces predicated on grounds such as adultery and cruelty. In these cases, the spouse who proves the other’s fault can walk away with more favorable terms.
Working closely with your divorce attorneys is always advised, and you should know that there are alternative dispute resolution (ADR) options available to you, including mediation and collaborative divorce, which help many couples keep their cases out of court.
Most divorcing couples want to make primary decisions on their own and settle terms between themselves. However, sometimes one spouse simply isn’t interested in turning down the divorce drama. In these cases, heading to court is generally the best option.
Eight: Keep Things Civil
When negotiating your divorce, try to keep things civil. Maintain composure when talking with your divorcing spouse, discussing the matter with your friends, and deciding how to engage with social media during your divorce.
Remember that getting heated will only slow the divorce process, and any outbursts can ultimately be used against you in your case. Keeping calm and remaining civil will help your case proceed smoothly toward the most positive outcome possible.
Nine: Take Care of Yourself
Divorce is often a long haul, so it’s important to take care of yourself along the way. Make time for your favorite hobbies or relaxing activities. Continue to exercise and eat healthy foods. If you need additional support, you may be able to join a divorce support group or attend divorce therapy.
Make the Call to an Experienced Killeen Divorce Lawyer Today
Divorce is difficult, but proper preparation and working with an experienced Texas divorce attorney makes the path forward easier. Call us at (254) 566-3358 or contact us online for a FREE consultation to start your divorce journey on the right foot.
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