Before You File for Divorce in Texas: What to Do and Avoid

What's the first thing I should do if I'm thinking about divorce?

Get legal advice before you act. A consultation with a family lawyer is confidential, and it lets you plan the timing, the money, and the children before your spouse knows.

Decisions made in the first weeks often shape the whole case: who stays in the house, where the children sleep, which accounts are used for what. A lawyer can tell you which moves help and which ones a Dallas County judge will hold against you. It also helps to write down your goals for the house, the children, and the finances before emotions take over the conversation. Call 214-599-2020 or use the contact form.

What should I avoid doing before filing for divorce?

Avoid anything that looks like hiding money, punishing your spouse, or cutting the children off from the other parent. Those actions damage credibility with the court and can cost you in the property division.

• Do not drain joint accounts, run up debt, or transfer property to friends or relatives.
• Do not cancel insurance, utilities, or credit cards your spouse relies on.
• Do not read your spouse's email or log into their accounts with their password.
• Do not delete texts, emails, or social media posts; Texas courts treat destroyed evidence seriously.
• Do not post about the divorce or your spouse online.
• Do not start a new relationship in a way that involves the children.

Once a case is filed, many of these acts can be prohibited by a temporary restraining order under Texas Family Code § 6.501, so it is wise to follow these rules from the start.

Is there a way to protect myself financially before filing?

Yes. The most useful protection is information: knowing what the community estate holds and owes, with records to prove it.

1. Copy recent tax returns, pay stubs, and statements for bank, investment, retirement, and loan accounts that you can lawfully access.
2. List assets, debts, and anything you believe is your separate property, such as property owned before marriage, gifts, or inheritances.
3. Pull your own credit report to see every account in your name.
4. Keep a modest, documented amount available for living expenses and legal fees.

In Texas, property owned at divorce is presumed to be community property, and a spouse claiming separate property must prove it by clear and convincing evidence. Records gathered now make that possible later. See property division.

What happens if we have a joint bank account when we separate?

Either spouse can usually still use a joint account until a court order says otherwise, and the money in it is generally community property to be divided in the divorce. That is why joint accounts cause so many early disputes.

Taking a reasonable amount for living expenses or legal fees, and keeping a record of it, is very different from emptying the account. A spouse who drains a joint account can be ordered to account for it, and the court can take it into consideration when dividing property. Once a case is filed, temporary orders can set who pays what from which account.

Should I open my own bank account before filing for divorce?

It is often sensible to open an account in your own name for your paycheck and expenses, but opening it does not make the money in it separate property. Earnings during the marriage are generally community property in Texas until the divorce is final.

What an individual account does give you is control over day-to-day spending and a clear record. Talk to a lawyer about how much, if anything, to move from joint accounts and how to document it.

Keep money you believe is separate, such as an inheritance or funds you owned before the marriage, in its own account and do not mix it with marital funds. Once separate money is mixed with community money, tracing it back becomes harder and often needs an accountant.

Do I need to move out before starting a divorce?

No. Texas law does not require either spouse to move out before or during a divorce, and many couples live together until the decree.

Moving out can have consequences. If you have children, the parent who stays in the home often keeps the existing routine, and that can matter for temporary orders. Your spouse also cannot force you out on their own: a temporary restraining order cannot exclude a spouse from the home where they live unless it is a protective order (Texas Family Code § 6.501). A judge can award exclusive use of the home after notice and a hearing.

How do I prepare for a divorce without making things worse?

Prepare quietly, keep routines steady, and communicate in writing as if a judge will read it. Calm and documented behavior is what serves you in a Texas family court.

• Keep the children out of adult conversations about the divorce.
• Keep texts and emails with your spouse short, polite, and about logistics.
• Keep a simple journal of parenting time and important events.
• Consider whether mediation or collaborative law fits your family before anyone files.

A divorce that starts with a plan usually costs less, financially and emotionally, than one that starts with a surprise. See mediation for a settlement-first approach.