3. The Law Office of Elisse V. Woelfel, P.C.
1400 Preston Road, Ste. 400
Plano, Texas 75093
Phone: 469.443.6040
Email: elisse@elisselaw.com
www.elisselaw.com
5. Counseling
• Though marital counseling is not required to
receive a divorce in Texas, you should consider
counseling if you believe a chance for
reconciliation with your spouse exists.
• Consider counseling for yourself and/or your
child(ren) to assist with the emotions and
changes brought on by divorce.
6. Hire an Experienced Family
Law Attorney
• Do NOT take legal advice from friends or family who think you
can do your own divorce by filling out some forms. If you and
your spouse have minor children and/or have acquired property
together you should seek the advice and assistance of a Texas
licensed family law attorney.
• Do NOT hire a paralegal to prepare forms for you; this is an
unauthorized practice of law and paralegals are not permitted to
give legal advice.
• Do NOT believe signs and advertisements that say “$150 divorce”.
The county filing fees alone for a divorce are typically around
$300.00.
• Find an attorney whom you like and trust and whose style is right
for your situation.
7. Understand Where and When You
Can File For Divorce
• Generally, either the petitioner or respondent must have been a
domiciliary of Texas (lived in) for the preceding six (6) month
period. See Texas Family Code § 6.301(1).
• Generally, either the petitioner or respondent must be a resident
of the county in which the suit is filed for the preceding 90-day
period. See Texas Family Code § 6.301(2).
• Research whether or not the county you will file suit in has a
“Standing Order” that applies to all divorce suits and suits
affecting children. Dallas, Collin, Denton, and Rockwall Counties
all have standing orders for family law cases. These orders
require and prohibit certain conduct. Understand your rights,
duties, and obligations under the orders and speak with your
attorney about steps that should be taken prior to you being
bound by the orders.
8. Change Beneficiaries and Power of
Attorney Designations
• Consider changing your beneficiary designations for life
insurance, financial accounts, and retirement accounts (if
allowed by the plan, advised by your attorney, and not in
conflict with any court order you are subject to).
• Revoke any powers of attorney your spouse holds for you
and change your power of attorney designations if
necessary. Provide notice of your revocation to any
institutions that have your power of attorney on file.
9. Financial Accounts and Cash
• Open a bank account in your own name in anticipation that
you and your spouse will be separating your finances.
• Change the passwords and security questions for accounts
that are solely in your name.
• Have an amount of cash on hand for emergencies.
10. Property
• Do NOT clean out bank accounts, cash out retirement
accounts, or otherwise destroy or hide community funds,
property, or assets. Spouses in Texas have a duty to
support each other. See Texas Family Code § 2.501(a).
Furthermore, spouses in Texas owe each other a fiduciary
duty regarding their community property. You and your
spouse will owe these duties to each other until your
divorce is finalized.
• Understand that property you own or acquire from the
date of your marriage until the date your divorce is
finalized will generally be considered “community
property”. There are some exceptions to this rule,
including, but not limited to gifts and inheritance. There is
no “legal separation” in Texas.
11. Communicating with your
Spouse
• When speaking with your spouse, assume that you are
being recorded and be polite and respectful.
• Don’t say or do things to your spouse that you would not
want to explain to a judge or jury.
• Avoid communicating with your spouse via text messages.
Emails are easier to preserve and produce as exhibits and
some judges consider them to be more compelling
evidence than text messages.
12. Inventory and
Documentation
• Create an inventory of the property you and your spouse
own in anticipation that one of you will be moving out of
the marital residence. Take photos or videos of high-value
items like electronics, furniture, paintings, antiques,
appliances, and jewelry.
• Gather important information and documentation and
either store for safe-keeping or make copies.
13. Examples of Documents and
Information to Preserve
• Deeds and information on real property;
• Titles and information on motor vehicles (cars, motorcycles, boats,
planes, etc.);
• Statements and records for financial, brokerage, and retirement
accounts;
• Tax returns and supporting documents (at least 5 years);
• Marital agreements (pre and post nuptial);
• Benefit information and cards (medical, dental, vision, prescription,
etc.);
• Statements and records for debts and liabilities (mortgages, car
notes, student loans, credit cards, personal lines of credit, etc.);
• Insurance and Annuity Information:
• Life Insurance;
• Accidental Death and Dismemberment (AD&D) Insurance;
• Annuities;
• Health Savings Accounts;
• Medical Savings; and
• Disability Insurance;
14. Document and Information
Examples Continued
• Business records;
• Employment records and information:
• Payroll records for you and your spouse;
• Bonus information; and
• Stock options;
• Spouse’s Driver License Number;
• Spouse’s Social Security Number;
• City and state where your spouse was born;
• Your birth certificate;
• Your passport;
• Your Social Security Card;
• For the children of the marriage:
• Social Security numbers/cards;
• Birth Certificates;
• Passports; and
• Driver license numbers.
15. Social Media
• Be careful with what you post on your social media accounts! Photos
and posts from social media accounts are often used as evidence in
contested divorce cases, especially when children are involved.
• Set your social media accounts to “private” and make sure you know
and trust who has access to the photos and information you post to
your account.
• Understand that setting your social media accounts to “private” will
not prevent an attorney from gaining access, through a process
known as “discovery”, to information and photos you have posted.
The best rule of thumb is do NOT post a photo or information that
you wouldn’t want to have to explain to a judge or jury!
• Change the passwords and security questions to your social media
accounts.
16. Email and Socializing
• If you have a joint email account with your spouse, open or
maintain an email in only your name.
• Preserve any important emails in joint accounts by saving
or forwarding them to your separate email account.
• Change the passwords and security questions for any email
accounts that are only in your name.
• Do NOT date while your divorce is pending.
17. Divorces Involving Children
• Do NOT speak negatively about your spouse to, or in front of, your child(ren).
• Do NOT allow family members or friends to speak negatively about your
spouse to, or in front of, your child(ren).
• You should not be dating and you certainly should not bring someone you are
romantically involved with around your child prior to your divorce being
finalized.
• NEVER take illegal or non-prescribed prescription drugs or abuse alcohol.
The court can consider if a party has a drug or alcohol problem when
determining what is in the best interest of a child. See Texas Family Code §
153.134(a)(7).
• Understand that in most cases the court will find that it is in the best interest
of the child(ren) to have a continuing and meaningful relationship with both
parents and will name them as Joint Managing Conservators.
18. Divorces Involving Children
Continued
• Understand that you will most likely be co-parenting with your
spouse until your child reaches at least the age of 18. Effective
and cooperative co-parenting is important for a child’s
development and well-being and it will also make the parents’
lives MUCH easier.
• Be involved with your children! Know their routines, likes,
dislikes, and friends. Attend their activities and school functions.
Make yourself available to them when they need to talk or spend
time with you. Show and tell them that you love them and they
are your priority!
• Secure your children’s passports if you have any reason to believe
your spouse may try to flee the country with your children when
he or she finds out you are planning to file for divorce. It could
prove difficult to impossible to get your children back if your
spouse successfully removes them from the United States.
