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Divorcing the breadwinner

Beautiful couple on bed in conflict.jpg

It's a scenario that has been played out many times across our state and across the country. A young mother leaves her job to stay at home and raise the kids. Her husband, a doctor, is the breadwinner and all the couple's money flows through him. But, somewhere along the way the relationship has crumbled and the husband wants a divorce. The young mother worries about custody with no current income or job.

With one spouse having the money, it feels like the power is shifted dramatically in one direction. However, Texas divorce laws have this situation under control with the state being a community property state. Also, spousal maintenance may be requested to help get you adjusted to working full-time again. In issues of child custody, the court uses the legal standard of what is in the best interest of the child. With the help of an experienced divorce lawyer, the young mother can come out just fine.

A divorce checklist for her

Divorce can be complicated and overwhelming. There are common mistakes made in the process and you want to make sure you don't miss anything important. Here is a checklist to get the divorce started:

  • Find an attorney: An experienced divorce attorney can make all the difference. Worried about being able to afford the attorney when it's your husband with all the money? Since Texas is a community property state where income and bank accounts are considered the property of both spouses, your attorney could file a motion to get your husband to pay your legal costs.
  • Start gathering financial information: Before the documents start disappearing, make copies so you can get an accurate reflection of the family financial picture.
  • Change passwords: Get a new email account and change passwords on all your social media and other online accounts.
  • Watch what you post: Your social media posts could be used against you, so limit what goes public.
  • Move your irreplaceable personal items: These things have a way of disappearing in the midst of a heated divorce. Relocate them now to a safe place outside of your home.
  • Pull your credit report: You need to know what all your debts are so they can be dealt with in the divorce.
  • Update your will: Most likely you will want to specify new beneficiaries or guardians to your children.

Divorce can be a difficult time with many unknowns. Chances are, this isn't your divorce attorney's first rodeo and he or she can guide you through the steps. Remember, this isn't the end, but a new beginning.

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McKinney Office
2530 West White Avenue
Suite 200
McKinney, TX 75071

Phone: 304-209-4387
Fax: 972-292-7828
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Huntington Office
923 Third Avenue
Huntington, WV 25701

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