Does It Matter Who Files First In Texas

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Who Gets to Be the Divorce Initiator? A Texas Tale

So, you're thinking about pulling the plug on your marriage, Texas-style? Well, buckle up, because this ain't your average breakup. We're talking about legal documents, property division, and who gets custody of the remote.

Does It Matter Who Files First In Texas
Does It Matter Who Files First In Texas

The Great Divorce Filing Race

First things first: does it really matter who files for divorce first in the Lone Star State? Well, technically, no. The court doesn't care who cried "uncle" first. It's more like a game of chicken, with lawyers as the referees.

But, let's be real, there are some perks to being the one to initiate the paperwork. Think of it like being the captain of your own divorce ship. You get to choose the battlefield (aka the county where the case is filed) if you've been separated for at least 90 days. And, let's face it, picking the venue can be a strategic move.

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More Than Just a Race

Now, before you rush to the courthouse with a fistful of divorce papers, remember, filing first doesn't guarantee a golden ticket to happily ever after (or even a particularly good divorce, for that matter). It's about more than just who gets to say "I quit" first.

Sure, you might get a little psychological advantage by setting the tone for the proceedings. But trust me, your ex will have their own playbook. And remember, Texas is a community property state, so the division of assets is based on fairness, not who filed first.

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So, Should You Be the One to File?

Ultimately, the decision of who files first is a personal one. There's no right or wrong answer. Maybe you're ready to move on and want to take control of the situation. Or maybe you're hoping your spouse will be the one to initiate the process.

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Whatever you decide, it's important to consult with an experienced Texas divorce attorney. They can help you understand your options and make the best decision for your situation.

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How To... Divorce 101

  • How to choose a divorce attorney: Look for someone who specializes in family law and has a good track record in divorce cases.
  • How to gather financial information: This includes bank statements, tax returns, property deeds, and retirement accounts.
  • How to prepare for mediation: Mediation can be a great way to resolve your divorce without going to court.
  • How to create a parenting plan: If you have children, a parenting plan outlines how you will share custody and responsibilities.
  • How to protect your assets: Consult with a financial advisor to develop a plan to protect your assets during and after the divorce.

Remember, divorce is a stressful process, but with the right guidance and support, you can come out on the other side stronger.

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Disclaimer: This post is intended for informational purposes only and does not constitute legal advice. Please consult with an attorney for advice regarding your specific situation.  

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texas.govhttps://comptroller.texas.gov
texas.govhttps://dshs.texas.gov
bizjournals.comhttps://www.bizjournals.com/dallas
texas.govhttps://dps.texas.gov
texastribune.orghttps://www.texastribune.org

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