Posted by Mary E. Ramos | Divorce
Divorce can be challenging, both emotionally and financially, especially for women who may feel vulnerable or uncertain about their future. Fortunately, understanding your legal rights and taking the right steps can make a significant difference. Whether you’re focused on protecting your assets, securing a fair custody arrangement, or ensuring financial support, knowing how to safeguard your interests is key, especially under Texas law.
Here’s what every woman should know about protecting herself during a divorce.
What Are Your Rights Under Texas Divorce Laws?
Texas is a community property state, meaning any assets or debts acquired during the marriage are subject to division upon divorce. However, many people mistakenly believe this means everything will be divided 50/50. That’s not always the case. Courts divide property based on what they consider “just and right,” evaluating each spouse’s financial situation, earning potential, and even fault, such as adultery.
How Can a Woman Protect Herself in a Divorce in Texas?
One crucial step is ensuring that your separate property remains your separate property. Separate property includes assets you owned before marriage or received as a gift or inheritance during the marriage. The key to protecting these assets is documentation. Maintain precise records to prove what is solely yours and avoid the risk of losing valuable property. It is also important not to commingle separate property with community property. For example, if you inherit money from a family member, do not deposit that money into your joint checking account.
How to Protect Yourself Financially in a Divorce?
Financial independence should be a priority for any woman going through a divorce. Taking control of your financial situation is critical if you and your spouse shared finances or if your spouse was the primary earner.
How to protect yourself financially in a divorce begins with gathering all relevant financial documents, including:
- Bank accounts,
- Credit cards,
- Tax returns,
- Investment portfolios, and
- Retirement accounts.
If you don’t have access to this information, now is the time to obtain it.
Consider working with both a lawyer and a financial advisor. A financial advisor experienced in divorce can help you understand the full scope of your financial picture and what your financial life will look like post-divorce.
If you suspect hidden assets, your attorney can request financial disclosures or use discovery tools to reveal undisclosed accounts or property. Protect your credit by freezing joint accounts and applying for individual lines of credit early. Creating a budget that outlines immediate and future financial needs post-divorce is also a good idea.
What Steps Can You Take to Protect Your Custody Rights?
Child custody battles can be some of the most emotionally charged aspects of a divorce. In Texas, the courts base their decisions on the child’s best interest. This means the court may award joint custody, called joint managing conservatorship in Texas, or, in rare cases, sole custody. Joint custody involves shared decision-making responsibilities but doesn’t necessarily mean equal parenting time.
How can a woman protect herself in a divorce when children are involved? The key is documentation. Keep a detailed record of your role as the primary caregiver. Document your involvement in your child’s daily life, such as school activities, medical appointments, and extracurricular engagements. This can provide strong evidence in support of your custody claim.
Filing temporary custody orders can provide immediate clarity and protection during the proceedings. These orders establish temporary custody, visitation, and child support arrangements while the divorce is pending, preventing your spouse from undermining your rights while the divorce is pending.
How Can You Secure Fair Alimony?
Alimony (spousal maintenance or spousal support) is not guaranteed in Texas but may be awarded under certain conditions. For example, if you have been married for at least 10 years and lack the financial resources to support yourself, you may qualify for spousal maintenance.
How can a woman protect herself in a divorce in Texas when seeking spousal support? Be prepared to demonstrate your contributions to the marriage. This can include raising children, supporting your spouse’s career, or making other personal sacrifices. Texas courts consider several factors when deciding alimony, such as:
- The duration of the marriage,
- The spouse’s ability to earn income, and
- The other spouse’s ability to pay.
However, alimony and spousal support awards are often limited in duration, so financial planning is essential. Create a post-divorce financial plan focusing on education, career opportunities, and long-term economic independence.
How Can I Safeguard My Emotional and Psychological Well-Being During a Divorce?
Divorce is certainly a financial and legal issue—but it can also have a negative impact on your emotional wellness. During this challenging time, surround yourself with professionals such as financial advisors and therapists, as well as friends and family who can support you.
Retaining a knowledgeable lawyer to guide you through Texas’s complex divorce laws safeguards your financial and legal interests.
Divorce Is Complex, But Having the Right Legal Team Can Make All the Difference
Ramos Law Group, PLLC, is dedicated to providing top-tier representation for clients in family law matters. Certified by the Texas Board of Legal Specialization in Family Law, our attorneys have the experience to fight aggressively for your rights. We protect the things that matter most—your children, assets, and future. Contact us today for a consultation and get the legal support you deserve during this difficult time.
Resource list:
- Texas Family Code Section 7 – Award of Maritial Property (2024), link
- Texas Family Code Section 3.002 (2024), link
- What To Expect in Texas Family Law Court, Texas Young Lawyers Association (2005), link
- Texas Divorce, Women’s Law (2024), link
- Texas Custody, Women’s Law (2024), link
- Divorce in Texas, Texas Law Help (2023), link
Last Updated on October 23, 2024 by Mary E. Ramos
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