Divorce in Texas: 5 Things to Do Before Filing
Divorce is rarely easy, and for many Texans, the hardest part is knowing what to do before the process even begins.
Texas divorce attorneys often hear questions like:
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“What should I do before I file for divorce?”
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“I think my spouse is about to file — what should I be doing right now?”
Some people assume a lawyer will give advice on hiding assets or deleting evidence. A reputable Texas divorce attorney won’t — and for good reason. Texas law requires full disclosure of assets, and attempting to hide or destroy information can seriously backfire in court.
If you believe divorce is on the horizon, here are five smart, legal steps to consider before filing.
1. Check Your Devices for Spyware
In today’s digital world, privacy matters more than ever — especially during a divorce.
If your spouse has had access to your phone, computer, tablet, or email, it’s possible spyware or monitoring software could be installed. This type of software can track messages, emails, passwords, and even communications with your divorce attorney.
Why this matters:
If spyware is already on your device, simply changing passwords won’t protect your information.
What to do:
Have your devices checked by a qualified computer or IT professional before making major changes.
2. Change All Passwords (The Right Way)
Once you know your devices are secure, changing passwords should be your next move.
Best practices:
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Use a secure password manager
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Create strong, unique passwords for every account
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Update passwords for email, banking, social media, cloud storage, and devices
This helps protect your financial information and personal communications during a Texas divorce.
3. Gather Records of All Assets
This advice is helpful for everyone — but critical before a divorce.
In Texas, “assets” include everything, regardless of whose name is on the account.
Start collecting records for:
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Checking, savings, and money market accounts
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CDs, 401(k)s, IRAs, and retirement plans
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Pensions and investment accounts
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Real estate and business interests
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Safe deposit boxes and storage units
Also:
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Take photos of valuable personal property (art, collectibles, firearms, jewelry, coins, etc.)
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Make a list of all significant assets you or your spouse may own
If you can’t get everything, get as much as you can and keep it in a safe place.
4. Stop Posting on Social Media
Social media is one of the most common — and avoidable — mistakes people make during divorce.
Here’s the truth:
Anything you post online can be used in your Texas divorce case, even posts shared only with “friends.”
Deleting posts can also be risky. If content is removed to destroy evidence after divorce is anticipated, it may be considered spoliation of evidence or even obstruction of justice.
Best advice:
Stop posting altogether. Nothing good comes from it — and plenty of harm can.
5. Think Carefully About Moving Assets
Protecting irreplaceable items — such as family heirlooms, keepsakes, or personal property — is often reasonable and legal, as long as there are no court orders preventing it.
Moving money or financial assets, however, is more complicated.
You may be legally entitled to do so, but:
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It could create legal or strategic problems
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It may escalate conflict
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It could affect how the court views your actions
On the other hand, doing nothing can also be risky if your spouse controls most of the finances.
This is where personalized legal advice matters most. A trusted Texas divorce attorney can help you decide what actions protect you — without creating unnecessary legal trouble.
Talk to a Texas Divorce Attorney Early
Divorce is about more than filing paperwork — it’s about protecting your future.
If you believe divorce is coming, speaking with an experienced Texas divorce lawyer before taking action can help you avoid costly mistakes and make informed decisions from the start.
Beal Law Firm has extensive experience guiding Texans through divorce, property division, and complex family law matters. Early planning can make a meaningful difference.