How to Protect Your Rights in a Divorce
At The Torres Attorneys, we’ve helped many Texans stand firm during one of life’s most difficult experiences—divorce. Emotions can run high, but that doesn’t mean your rights should be overlooked.
If you’re considering divorce or are already involved in one, it’s important to understand how divorce in Texas works and what steps you can take to protect yourself.
Divorce can affect nearly every aspect of your life—your finances, your relationship with your children, your home, your retirement, and your peace of mind. By being prepared and informed, you’ll be in a better position to secure what matters most.
In this article, we explain how to protect your rights under Texas divorce law, from filing to final orders. Whether your case involves property division, child custody, or spousal maintenance, we’re here to help guide you through each step with strength and clarity.
Divorce in Texas
Divorce in Texas begins with filing a petition in the county where either spouse has lived for at least 90 days, provided they've lived in Texas for at least six months. Texas is a “no-fault” divorce state, which means you don't need to prove wrongdoing to file.
That said, fault-based grounds like adultery or cruelty can still impact how the court divides property.
Under Texas divorce law, each party has a right to an equitable share of the marital estate. That doesn’t always mean a 50/50 split, but it does mean the court must divide assets and debts in a way that is fair under the circumstances.
Protecting Your Property Rights
One of the most critical parts of any divorce is dividing the marital estate. This includes everything acquired during the marriage, such as:
Real estate
Vehicles
Retirement accounts
Bank accounts
Debts
Under Texas divorce law, property is classified as either “community” or “separate.” Community property includes most assets acquired during the marriage, while separate property includes anything owned before marriage or received by gift or inheritance.
We help clients identify and protect their separate property while working to achieve a fair division of community property. It’s important to collect all financial records early in the process and to be honest about what you own. Hiding assets or undervaluing property can backfire and may lead to court sanctions.
Your Rights as a Parent
When children are involved, protecting your parental rights becomes one of the most urgent parts of a divorce. Texas uses the terms conservatorship, possession, and access to refer to custody and visitation.
Under Texas divorce law, courts presume that joint managing conservatorship is in the child’s best interest unless there is evidence to the contrary. This means both parents typically share rights and duties related to education, medical care, and more. That said, one parent may be given the right to determine the child’s primary residence.
Possession schedules can vary widely, but the standard possession order is a common starting point. We work with parents to build custody arrangements that reflect their child’s needs and the realities of daily life.
Child support is another important issue. Texas law provides guidelines based on income and the number of children, but deviations can be requested when justified.
Avoiding Costly Mistakes in Divorce
We’ve seen how small missteps can lead to big consequences during divorce. Protecting your rights means being thoughtful in your decisions and avoiding behavior that might hurt your case.
Here are some of the most common mistakes people make during a divorce:
Acting on emotion instead of facts – Rash decisions can lead to long-term regret. Think before you act, especially when it comes to parenting or finances.
Failing to gather documentation – Financial records, property deeds, retirement statements, and tax returns are critical in divorce proceedings.
Ignoring temporary orders – If the court issues temporary orders about custody, property use, or child support, those must be followed to avoid consequences.
Speaking poorly about your spouse to your children – This can damage your credibility in a custody dispute.
Withdrawing large sums of money – This can look like an attempt to hide or waste community property, and it may lead to court intervention.
Failing to understand your rights under Texas law – Relying on friends or internet advice instead of legal guidance can lead to poor outcomes.
By avoiding these mistakes and focusing on what the law actually allows, you’ll be in a much better position to reach a resolution that protects your future.
Spousal Maintenance and Financial Security
In some Texas divorces, one spouse may be eligible to receive spousal maintenance. This is different from alimony in other states and is awarded only in limited circumstances. Texas divorce law allows for spousal maintenance if:
The spouse requesting support lacks sufficient property after divorce to provide for basic needs, and:
The other spouse was convicted of family violence within the last two years, or
The marriage lasted 10 or more years, and the spouse can't earn enough due to disability or other valid reasons
The amount and duration of spousal maintenance are limited by statute. We help clients present strong evidence when seeking support or defending against unreasonable requests.
In addition, financial stability after divorce depends on understanding how retirement accounts, real estate, debts, and other assets are divided. Qualified domestic relations orders (QDROs) may be required to divide pensions or 401(k) accounts. We draft and review these documents to help our clients secure what they’ve earned.
Temporary Orders and Immediate Relief
Divorce cases can take months to resolve, so Texas courts often issue temporary orders early in the process. These orders cover issues like:
Who stays in the marital home
Temporary custody and visitation
Temporary child support or spousal maintenance
Use of bank accounts or credit cards
These orders can shape the outcome of the final decree, so it’s critical to take them seriously. We prepare clear, convincing arguments to protect our clients during the temporary orders hearing and beyond.
Modifications and Enforcement
After a divorce is finalized, either party may need to return to court later to modify or enforce the orders. Texas divorce law allows for modifications in cases involving substantial changes, such as:
A change in income or job status
A move that affects custody or visitation
A parent’s remarriage or health concerns
Enforcement actions may be necessary when one party refuses to follow court orders. This can involve collecting unpaid child support, enforcing possession orders, or seeking sanctions for violations. We represent clients in both modification and enforcement proceedings throughout Texas.
Divorce Mediation in Texas
While some divorces go to trial, many are resolved through mediation. Mediation allows both spouses to discuss disputed issues with the help of a neutral third party. In most Texas counties, mediation is required before trial.
Mediation offers a chance to settle matters privately, with more control over the outcome. We prepare our clients thoroughly for mediation and use it as an opportunity to reach fair agreements on custody, property, and support.
If mediation doesn't result in a settlement, the case proceeds to trial. In those situations, we present our client’s case clearly and confidently, backed by the facts and the law.
Contact a Divorce Attorney Today
A divorce can be overwhelming, but you don’t have to face it alone. At The Torres Attorneys, we help clients make smart choices grounded in Texas divorce law. We’re proud to serve Corpus Christi, Texas, and the surrounding areas of Dallas and Fort Worth. Call today.