What You Should Do Before the Divorce is started and before the Divorce Decree is Final
Whether you’re just considering a divorce or have already started the process, the first steps can be the most intimidating. This guide walks you through key actions to take before your Final Decree of Divorce is signed – from gathering critical documents to developing a parenting plan that works for your family.
Preparing for a Texas divorce can minimize some of the extra heartache along the way if the legal process goes smoothly. Especially if you’re a parent in Texas preparing to divorce in 2025. There are important steps you can take before your divorce is finalized that will help protect your rights, minimize stress, and prioritize your children’s well-being.
It is also always important to consult with your Texas family attorney on how to manage each facet, so your lawyer can walk you through collecting documents and creating a parenting plan before your final divorce decree.
Know Your Legal Standing in Texas
Before filing for divorce, confirm you meet the Texas residency requirements:
- At least one spouse must have lived in Texas for 6 months, and
- You must have lived in the county where you’re filing for at least 90 days.
Understanding where to file – and ensuring the court has jurisdiction – sets the legal foundation for your case. Consult with your family lawyer if you have any concerns about your legal standing in Texas.
Organize Your Legal Documents Early
The more prepared you are with documentation, the smoother the process can be – especially when negotiating parenting time, property division, and support. What you need to gather may look different from another couple at the beginning of the divorce process. Every family and every case is different. What might have happened in a friend or family member’s divorce, might not pertain to yours. Your lawyer can guide you as to exactly what documents you need to provide the most comprehensive picture of your situation and to negotiate the best outcome for you.
The information needed for both parties and any children involved can be extensive. The list below is just a small portion of information needed:
Personal Information
- Date of Birth
- Employer Information
- Proof of Residency
- Marriage License or Certificate
- Maiden Name
- Place of Birth
- Any prior Legal Agreements
Your spouse will need to provide the same. Depending on your circumstances, you may also need existing child custody agreements, your child(ren)’s personal information, and documents from previous marriages if some type of support is still being paid by you and/or your spouse.
Financial Documents
- Tax returns (can be at least last 2 years but may be more)
- Pay stubs and proof of income
- Bank statements and retirement account balances
- Stock portfolios and stock options
- Mortgage records and property deeds
- Credit card and loan statements
- Health insurance coverage details for yourself and your children
Being transparent and organized can help prevent delays and miscommunications during negotiations or mediation.
Other Assets and Debts
This category will most often relate to real estate, and the grant deeds, appraisals, mortgages, and lines of credit connected to your house. Records of ownership for rentals, vacation properties, and any other real property will also be needed.
You will also need to provide deeds or proof of ownership for property such as family vehicles, collectibles, or art.
Debts to report will include credit card debt, student loan debt, and taxes still owed, just to list a few.
Owned Businesses
Households that have a high net worth will often have more complex division of assets. This is especially true when you own a business and or businesses. You will need to provide proof of liabilities, debts, earnings, and value of assets. This applies whether you have a sole proprietorship, an LLC, an LLP, or any other form of business. If you own a business, particularly if you own it jointly with your spouse, you’ll want to read our blog post on the complexities to expect.
Pre/Postnuptial Agreements
While fewer than 10% of marriages have a prenuptial/postnuptial agreement, they can save you countless headaches in a worst-case-scenario. Prenuptial and postnuptial agreements can protect you from assuming the debt of your spouse, outline asset ownership, and guide responsibilities surrounding your children.
You should provide copies of pre/postnuptial agreements, or any other agreements legally made between you and your current spouse.
Tip: While you gather these documents, it can be helpful to create a running list of issues and questions for your lawyer. This will save you both time and money as you move forward and help you to define what your end goals are.
As An Additional Quick Reference, Here is a Step-By-Step Guide to the Entire Texas Divorce Process: How to Start the Divorce Process in Texas
Begin Drafting a Parenting Plan
If you and your spouse have children, Texas courts will require a parenting plan. While you don’t have to finalize it immediately, starting early helps you clarify your priorities and reduces future conflict.
A strong parenting plan often covers:
Custody (Conservatorship)
- Will you share joint managing conservatorship (JMC), or will one parent seek sole managing conservatorship?
Parenting Time
- Consider school-year schedules, holidays, birthdays, and vacations.
- Texas offers a Standard Possession Order, but parents may agree to a custom schedule that better suits their family.
Decision-Making
- Who will make decisions about medical care, education, and extracurricular activities? Will they be decided together with another party making the decision if the parties cannot agree?
- The list of how this can be accomplished needs to be decided in the best possible way for your family.
Communication
- How will parents communicate with one another and with the children while apart?
- Will a co-parenting app be used?
- Will you have a co-parenting facilitator?
New Relationships
- Consider boundaries for introducing new dating partners to the children, or overnight guest guidelines.
Thinking through these issues now can help avoid last-minute decisions that may not serve your children’s best interests.
If Children Are Involved, Track Shared Expenses & Plan for Financial Support
Texas has child support for the parties child(ren) contributed by one of the parents, but many parenting agreements include other financial responsibilities:
- Childcare or daycare costs
- Medical and dental expenses
- School tuition or supplies
- Extracurricular fees (sports, arts, etc.)
Start tracking expenses now and collecting receipts. This will provide helpful documentation as you negotiate financial responsibilities and may help establish patterns of cooperation—or conflict—that are relevant to your case.
Prioritize Emotional and Practical Preparation
Divorce can be emotionally taxing for both spouses and children. Consider:
- Counseling or coaching to support your emotional well-being
- Family therapists or co-parenting counseling to help navigate difficult conversations with kids
- Talking to your children in age-appropriate ways about what changes they can expect
- Creating a transitional plan for how and when the children will move between homes during and after the divorce
- Do not say negative things about the other parent
The choices you make before finalizing the divorce can help shape how your children adjust for years to come.
Talk to a Family Law Attorney Early
Even if you plan to settle amicably or through mediation, it’s important to understand your rights and responsibilities. An experienced Texas divorce attorney can help you:
- Understand what the court will expect from your parenting plan
- Review proposed custody and support arrangements
- Help you prepare for mediation or negotiation
What Happens Next?
Once you’ve filed the Original Petition for Divorce, served your spouse, and met the 60-day waiting period, you can begin finalizing your agreements:
- Submit your proposed Final Decree of Divorce
- Present your parenting plan and child support terms
- Attend court (if required), and receive judicial approval
The more thoughtfully you prepare before this point, the more confidently you can move forward.
Capps Law Firm Is Here To Prepare You For A Texas Divorce
Preparing for divorce isn’t just about paperwork – it’s about laying the groundwork for a new chapter for you and your children if you and your spouse share children. By organizing your documents, starting early on a parenting plan, and seeking support, you’ll be better equipped to handle the legal, emotional, and practical challenges ahead.
Need help drafting a parenting plan that meets Texas standards? Contact our office or call our office at (512) 338-9800.
Notice
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.
