Divorce is one of life’s most challenging transitions. Beyond the emotional strain, it involves important legal, financial, and personal decisions that can affect your future for years to come.
If you’re going through a divorce in Fort Bend County, Harris County, or anywhere in Texas, being prepared — and knowing what to expect — can make the process smoother and help you protect your rights.
Below is a list of key things to consider as you navigate this chapter.
1. Understand Texas Divorce Laws
- Texas has a 60-day waiting period from filing to finalizing a divorce (with some exceptions).
2. Know Your Property Rights
- Texas is a community property state — most property and debts acquired during the marriage are divided between spouses in a just and right manner.
- Separate property, such as assets owned before marriage, gifts, or inheritances, usually remain with the original owner.
- Gather documents for all assets, including:
- Real estate deeds and mortgage statements
- Bank and investment accounts
- Retirement plans and pensions
- Vehicles and other titled property
3. Consider Child Custody and Visitation
- Texas calls custody “conservatorship” and visitation “possession and access.”
- The court’s primary focus is the best interest of the child.
- Be prepared to discuss:
- Daily schedules and living arrangements
- Holiday and vacation schedules
- Decision-making authority for education, medical care, and extracurricular activities
4. Plan for Child Support
- Texas has guideline percentages for child support based on the paying parent’s net income and the number of children.
- The attorneys at Smart & Malone Family Law Group, PLLC will help you understand how child support will be paid and enforced.
5. Address Spousal Maintenance
- In Texas, spousal maintenance is not guaranteed — it’s awarded only in certain situations.
6. Protect Your Financial Future
- Review and update your budget to reflect new living expenses.
- Check your credit report and monitor for changes.
- The attorneys at Smart & Malone Family Law Group, PLLC will assist you in completing a Financial Information Statement that is required by the court in contested cases.
7. Prepare Emotionally and Logistically
- Divorce is not just a legal process — it’s also a personal transition.
- Consider counseling or support groups for yourself and your children.
- Keep communication with your spouse respectful and focused on solutions.
- Organize important paperwork in one place for easy access.
8. Working with our Attorneys
- The attorneys at Smart & Malone Family Law Group, PLLC will help you understand your rights, negotiate fair terms, and represent you in court if necessary.
- Our attorneys can also help you avoid costly mistakes and reach a resolution that protects your future.
Final Thoughts
While divorce can feel overwhelming, breaking the process into manageable steps can help you stay focused and make informed decisions. If you’re facing a divorce in Katy or the greater Houston area, having a knowledgeable and compassionate attorney by your side is the best way to protect your interests and move forward with confidence. Contact us today at Smart & Malone Family Law Group, PLLC.
