This checklist is for our Clients, who are getting divorced with their Cook & Cook Lawyer, in a civil friendly way. This advice is not going to help enemy spouses start their case.
CHECKLIST before starting your divorce:
- Make sure your spouse is on board with doing an agreed divorce. If you cannot talk to your spouse about how to divide assets, debts and kids (if applicable), chances are you have a contested divorce.
- Ensure that neither you or your spouse are pregnant (divorces cannot be granted in Texas when a spouse is pregnant).
- Ensure that neither party is pending bankruptcy as this can prevent your case from finalizing;
- Make sure you have been living in Texas for 6 months and in your county for 90 days, or otherwise you cannot file for divorce (subject to some military exceptions);
- To start the case, you will need to disclose your mailing address, dob, last four of social, date of marriage, date of separation (if there is one), and names/genders/birhtdays of all children of the marriage.
- Plan on the extra bill for the legal fees applicable to your case.
- Plan on a finalization hearing (only one spouse needs to go) in about 60 days.
- Plan on going over an online settlement meeting with your spouse.
- Make sure you have working email, as your Cook & Cook Lawyer will update you via telephone and email during your case.
- Review the temporary orders that will automatically begin once you file your divorce.
- Tell us if we have represented your spouse in the past, because this is a conflict and will prevent us from being able to represent you.
Checklist of Things You Do NOT Need to Do Before Filing for Divorce With Us
- You do not have to send us all of the details about your property division until after the case has started
- You do not have to send us all of the details about your parenting plan until after the case has started
- Your spouse is not going to be served with papers in our friendly divorces, so please do not worry about this
- You do not need to meet our lawyers in person to file for a friendly divorce with us. Most everyone hires us online.
- You do not need to live separately first, in order to file a divorce in Texas.
- It is okay if your spouse has moved away from Texas, so long as one party still resides in Texas.