Divorce is never easy. It’s an emotional, financial, and legal challenge that can feel overwhelming—especially when navigating the Texas divorce process. Whether you’re contemplating divorce or are already in the middle of proceedings, understanding Texas divorce laws and properly preparing can make all the difference in protecting your rights and securing the best possible outcome for your future.
At Ashmore & Ashmore Law Firm, we’ve helped countless clients in Rockwall, Terrell, and surrounding areas through the Texas divorce process. This guide will walk you through the key steps to preparing for divorce in Texas, ensuring you can handle each stage confidently.
Understanding Divorce in Texas
Texas law governs all divorce cases, but local courts in Rockwall and Kaufman counties may have specific procedures that impact your case. Texas is a no-fault divorce state, meaning you don’t have to prove wrongdoing to end your marriage. However, fault-based divorce (such as adultery, cruelty, or abandonment) can influence key issues like:
Property division
Spousal support (alimony)
Child custody & visitation
Whether you’re filing for a contested divorce (where spouses disagree) or an uncontested divorce (where both agree on terms), having a trusted Texas divorce lawyer is crucial to protecting your rights.
1. Why You Need an Experienced Texas Divorce Lawyer
One of the most important steps you can take is hiring a seasoned divorce attorney who understands Texas family law and the local court system. At Ashmore & Ashmore Law Firm, we provide expert legal guidance in Rockwall and Terrell, ensuring that:
Your assets and financial interests are protected
Your parental rights are preserved in custody negotiations
You receive fair treatment in spousal support or child support decisions
Your case is handled efficiently, reducing stress and unnecessary costs
We take a personalized approach, helping you understand your options and build a strategy tailored to your unique situation.
2. Gathering Essential Documents
Before filing for divorce in Texas, you’ll need to collect important financial and legal documents. These include:
Tax returns (last 2–3 years)
Bank statements & credit card statements
Pay stubs & proof of income
Retirement accounts & investments
Property deeds, mortgage records, or lease agreements
Debts, loans, and liabilities
Gathering these documents early can speed up the divorce process and ensure you’re fully prepared for negotiations regarding property division, child support, and alimony.
3. Legal Grounds for Divorce in Texas
When filing for divorce, you must choose between:
No-fault divorce: The most common type, where you cite "insupportability" due to conflict in the marriage.
Fault-based divorce: This includes adultery, abandonment, cruelty, felony conviction, or substance abuse issues.
Why does it matter? A fault-based divorce may impact:
How property and assets are divided
Whether spousal maintenance (alimony) is awarded
Child custody decisions, depending on the circumstances
Our Rockwall divorce lawyers will review your situation and help you determine the best approach for your case.
4. Child Custody & Child Support in Texas
For parents, child custody and visitation (known as “possession and access” in Texas) are often the most emotional aspects of divorce. Texas courts prioritize the child’s best interests, and custody arrangements depend on factors such as:
Parental involvement in the child’s life
The child’s educational & emotional needs
Stability of each parent's home environment
Texas Standard Possession Order (SPO)
Many child custody cases in Texas follow the Standard Possession Order (SPO), which outlines when the non-custodial parent has parenting time. However, parents can negotiate custom visitation schedules that better fit their family’s needs.
Child support is calculated based on Texas guidelines, factoring in income and financial obligations. We’ll ensure that your child support order is fair and aligns with Texas Family Code regulations.
5. How Property Division Works in Texas
Texas is a community property state, meaning most assets acquired during marriage are considered shared marital property. This includes:
Real estate & property
Bank accounts & savings
Retirement accounts & investments
Vehicles & major assets
However, separate property (such as inheritances, gifts, or property owned before marriage) is typically not divided. Our divorce lawyers in Rockwall and Terrell will ensure your assets are fairly valued and divided equitably.
6. Temporary Orders: What You Need to Know
During divorce proceedings, you may need temporary court orders to address the following:
Who stays in the family home
Temporary child custody & visitation
Temporary spousal & child support
Restraining orders or asset protection
We help clients secure temporary orders to protect their rights while the divorce is ongoing.
7. Mediation vs. Litigation: Which is Right for You?
Not all divorces require a court battle. Many couples settle their divorce through mediation, where a neutral third party helps negotiate terms. Mediation is often:
Less expensive than litigation
More private and less stressful
Faster than a court trial
However, litigation may be necessary in high-conflict cases. We’ll evaluate your case and advise you on the best course of action.
8. Finalizing Your Divorce in Texas
Once all divorce terms (custody, property division, child support, etc.) are resolved, the court will issue a Final Divorce Decree. This legally ends your marriage and enforces all agreements.
We can assist with post-divorce modifications and appeals if you disagree with the court’s ruling.
Ready to Take the Next Step? We’re Here to Help.
Divorce is challenging, but you don’t have to face it alone. At Ashmore & Ashmore Law Firm, we’ve helped countless clients in Rockwall, Terrell, and surrounding areas confidently navigate divorce.
Whether you’re just starting the process or need help modifying an existing court order, our dedicated Texas divorce attorneys are here to fight for your best interests.
Call us today for a free consultation at 972.325.5938
Let’s work together to protect your future. Your ally, your advocate, your attorney.
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