5 Critical Steps to Take When Divorcing After Long-Term Marriage
Divorcing is an emotionally charged and intricate process. Especially when your marriage has lasted many years. The legal and financial intricacies tend to be more involved, and the emotional stakes can be even higher.
Understanding the critical steps to take when initiating divorce is essential to protect your interests. At Thaler Law in Georgetown, Texas, we’re committed to providing support for our clients who are navigating this major life change. Below, we’ll discuss five critical steps to take when divorcing after a long-term marriage in Texas.
Step 1: Review Texas Divorce Laws and Requirements
The first and foundational step when divorcing after a long-term marriage in Texas is to understand the state’s divorce laws and requirements. Texas law has specific rules about residency, grounds for divorce, property division, and spousal support that are important to know before filing.
Residency Requirements
In Texas, to file for divorce, at least one spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least 90 days. This requirement makes sure that the Texas court has jurisdiction over your case.
Grounds for Divorce in Texas
Texas is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to get a divorce. The most common grounds are “insupportability,” which means the marriage has become insupportable due to conflict or discord that can’t be resolved.
However, Texas law also allows fault-based grounds, such as adultery, cruelty, abandonment, felony conviction, or living apart for at least three years. While these grounds can sometimes impact property division or spousal support, most long-term divorces proceed on no-fault grounds to avoid additional conflict and cost.
Community Property Law
One of the most important legal aspects for long-term marriages in Texas is its community property system. Texas presumes that all property and debts acquired during the marriage (except gifts or inheritances given solely to one spouse) belong equally to both spouses, regardless of whose name is on the title or account.
Dividing community property in a long-term marriage can be complicated, as there may be extensive shared assets like the family home, retirement accounts, businesses, and other investments accumulated over many years.
Spousal Support (Alimony)
Texas courts may award spousal maintenance (alimony) after a long-term marriage under certain conditions, such as if one spouse lacks sufficient property or income to support themselves and the marriage lasted ten years or more.
Spousal maintenance is less common and more limited in Texas than in some other states, but it can be critical for a spouse who sacrificed career advancement or income-earning potential during the marriage.
Step 2: Gather and Organize Your Financial Documents
A long-term marriage often involves significant shared financial history. To prepare for divorce proceedings, you must collect, review, and organize all relevant financial documents. Proper documentation is crucial for equitable property division, debt allocation, and possible spousal support determination. You should collect the following documents:
Income and tax records: W-2s, pay stubs, tax returns from the past 3 to 5 years, and information about bonuses or other income.
Bank statements: Both joint and individual bank accounts, including checking, savings, and money market accounts.
Retirement and investment accounts: Statements for IRAs, 401(k)s, pensions, stocks, bonds, mutual funds, and any other investment vehicles.
Real estate documents: Deeds, mortgage statements, property tax records, appraisals, and homeowners insurance.
Business records: If you or your spouse own a business, gather financial statements, tax returns, business valuations, and any relevant contracts.
Debts and liabilities: Credit card statements, loan agreements, mortgages, and any other debts.
Insurance policies: Health, life, and disability insurance policies.
Other assets: Vehicles, valuable personal property (artwork, jewelry, collectibles), and any other financial interests.
Gathering and organizing these financial documents is a necessary step in preparing for divorce after a long-term marriage. This thorough collection of records will be essential for assuring a fair division of property, allocation of debts, and determination of potential spousal support.
Step 3: Evaluate Your Living Arrangements and Children’s Needs
Another critical step in divorcing after a long-term marriage is evaluating the living arrangements and addressing any children’s needs if applicable. While many long-term marriages may not have young children involved, adult children, dependent children, or grandchildren could still be factors.
Deciding Who Stays in the Family Home
For many couples, the family home represents a significant emotional and financial asset. Determining whether one spouse will keep the home, sell it, or continue joint ownership temporarily is a key decision.
Factors to consider include:
Can one spouse afford to buy out the other’s interest?
Is the home suitable and safe for children if they’re minors?
What are the tax implications and costs of selling or keeping the property?
Sometimes couples agree to a temporary arrangement allowing one spouse to stay while the divorce is finalized. Other times, the home is sold, and proceeds are divided.
Custody and Parenting Plans for Children
If the couple has minor children, developing a comprehensive parenting plan is essential. Texas courts prioritize the best interests of the child, focusing on stability, safety, and maintaining a healthy parent-child relationship.
Long-term marriages may require more detailed parenting plans, addressing:
Primary custody and visitation schedules
Decision-making responsibilities (education, healthcare, religion)
Child support obligations based on income and needs
Even in cases where children are grown, legal responsibilities such as college expenses or healthcare decisions may arise.
Step 4: Seek Experienced Legal Counsel
Divorcing after a long-term marriage often requires knowledgeable and strategic legal guidance. Hiring an attorney experienced in Texas divorce law and with a history of handling intricate long-term marriages can make a significant difference in the outcome.
Why You Need a Skilled Texas Divorce Attorney
Working through property division: Long marriages accumulate assets that require valuation, negotiation, and sometimes litigation. An attorney helps make sure your rights are protected and you receive a fair share.
Spousal support advocacy: Understanding when spousal maintenance is appropriate and how to request or contest it requires experienced knowledge.
Child custody and support: For divorces involving children, a lawyer can help create parenting plans and resolve disputes.
Understanding procedural requirements: Texas has specific procedural rules, deadlines, and paperwork requirements that your attorney will manage to avoid costly errors.
Negotiating settlements: Most divorces end in settlement rather than trial. Your lawyer will negotiate terms that align with your goals while protecting your interests.
Court representation: If your case goes to court, your attorney will advocate for you, present evidence, and argue on your behalf.
Therefore, securing a skilled Texas divorce attorney is crucial in long-term divorce cases to work through property division, advocate for spousal support, assist with child-related matters, manage procedural requirements, negotiate settlements, and provide effective court representation if necessary.
Step 5: Plan for Your Post-Divorce Future
The final critical step is to proactively plan for life after divorce. Long-term marriages often involve intertwined finances, social circles, and lifestyles. Taking deliberate steps to build your new future can help reduce stress and foster a healthier transition.
Financial Planning and Budgeting
Divorce after a long-term marriage typically leads to significant shifts in income, expenses, and financial objectives. Upon finalizing the divorce, it’s essential to establish a comprehensive budget reflecting your new financial structure. Additionally, opening individual bank accounts and credit cards, if not already done, is a necessary step.
Reviewing and updating retirement plans, beneficiary designations, and insurance policies is also crucial. Finally, consulting with a financial advisor can provide valuable guidance in planning for long-term goals such as homeownership, education, and retirement savings.
Emotional and Social Adjustments
Rebuilding your identity and support system is important after a long marriage ends. Consider joining support groups or therapy sessions focused on divorce recovery, rekindling friendships or building new relationships, and exploring new hobbies to rediscover personal interests.
Legal and Personal Document Updates
After a divorce, it’s important to update your will and estate plans, power of attorney and medical directives, as well as your driver’s license, insurance policies, and other legal documents that may require updated information or signatures.
Co-Parenting and Communication Strategies
If children are involved, establishing respectful and cooperative co-parenting arrangements benefits everyone. Use tools such as shared calendars, communication apps, and mediation if needed to maintain healthy communication.
Divorcing after a long-term marriage in Texas requires careful preparation, informed decision-making, and strong support systems. By understanding Texas divorce laws, organizing your finances, addressing living and children’s needs, securing experienced legal counsel, and planning for your future, you can move on with greater confidence and resilience.
Contact Us Today
Taking these steps will help make sure that you protect your interests, reduce conflict, and lay a solid foundation for a new chapter in your life.
Thaler Law serves clients in Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. Reach out to our firm today for a consultation on your divorce case.
