Pre-Divorce Preparation & Separation
Filing for divorce is much like diving into the abyss: Once that step is taken there is very little to stop the inertia. You may believe that you know how your spouse will react, but in our experience, this is a complete unknown. Even divorces that are intended to be agreed proceedings can turn into bare knuckle fights. However, if you believe that you are in a situation that needs to come to an end, we are here to help you through the process.
It is critical that the marital estate is preserved during the pendency of the divorce action. Some counties, for example Travis County, utilize standing temporary restraining orders that apply to all family law matters in an attempt to minimize disruptions to the children; the family home; family assets; liabilities; insurance; utilities, etc., and limit the use of family assets for specific matters. However, there are steps that can be taken prior to filing suit to best protect the family assets from waste. Due to the prohibition against fraud on the community and the fiduciary duty owned to spouses, we are unable to discuss these approaches without first undertaking fact intensive analysis of a particular case.
It is important to understand that Texas family law does not recognize a legal separation: Simply put, there is no such thing in Texas. Often times, couples use the temporary orders as an ad hoc legal separation. Recall that the court can issue temporary orders that govern the relationship between spouses and, if applicable, their children. Thus, temporary orders can be utilized to establish a set of rules that can assist the family while the divorce is pending and can include, reconciliation counseling, parenting coordinators, family therapy, financial planning, and an array of other services that can either attempt to repair the relationship or make the transition from marriage to divorce a bit more palpable.