How to Protect Your Finances Before Filing for Divorce in Texas
- katie3699
- 54 minutes ago
- 3 min read
If you’re considering divorce in Texas, what you do before filing can have a major impact on your financial future. Many people don’t realize that once a divorce case is filed, courts in most Texas counties immediately restrict what you can do with your money.
That’s why planning before filing is so important.
At Ashmore & Ashmore Law Firm, we regularly help clients in Rockwall, Terrell, Waxahachie, and surrounding North Texas communities protect their finances before divorce proceedings begin.
Below, we outline key steps to consider before filing for divorce in Texas.
What Happens to Your Money After You File for Divorce in Texas?
In most Texas counties, once a divorce is filed, court standing orders go into effect immediately. These orders are designed to prevent either spouse from engaging in “funny business” with money.
In practical terms, that often means:
Bank accounts may be frozen or closely monitored
Moving money between accounts can be restricted
Opening new accounts can trigger court issues
Financial flexibility becomes limited
These rules exist to protect both parties and maintain stability for children and the household—but they can also leave someone financially vulnerable if they haven’t planned ahead.
Step One: Gather and Preserve Financial Records Before Filing
Before filing for divorce, it’s critical to collect and preserve important financial documents while you still have full access to them.
This includes:
Bank statements
Credit card statements
Retirement and investment accounts
Records of separate property
Proof of bill payments
Documentation showing spending habits If one spouse has been financially irresponsible, such as excessive spending on vehicles, travel, gambling, or luxury items, those records can matter later. Likewise, documentation showing that you’ve consistently handled household bills, child expenses, and daily financial responsibilities can be important.
Once divorce proceedings begin, access to records often becomes more difficult or restricted. Saving copies securely, either digitally or outside the marital home, can help protect you.
Step Two: Understand Bank Accounts and Divorce Timing
One common question we hear is:“Can I open a new bank account before filing for divorce in Texas?”
In many cases, yes—before filing.
Before a divorce is filed, you may be allowed to:
Open a separate bank account
Move a reasonable portion of funds
Set aside a financial cushion or “nest egg”
Once the case is filed, doing these things without court approval can cause serious legal issues.
That said, protecting yourself financially does not mean draining joint accounts or acting unfairly. For example, if there is $20,000 in a joint account, taking $9,000 or $ 10,000 rather than emptying it may be considered reasonable, depending on the circumstances.
The goal is protection, not punishment.
Why Texas Divorce Courts Take Money So Seriously
Texas courts prioritize:
Stability of the marital home
Continuity for children
Accountability of marital assets
That’s why standing orders exist and why judges look closely at financial behavior before and after filing. Acting responsibly and documenting your decisions can make a meaningful difference in how your case unfolds.
Planning Ahead Does Not Mean You’re Filing Tomorrow
One of the biggest misconceptions is that planning financially means you’re ready to file.
That’s not true.
Planning means:
Understanding your rights
Protecting access to records
Avoiding preventable mistakes
Giving yourself options
Many people plan months in advance, and that preparation often leads to better outcomes, whether or not divorce ultimately occurs.
Talk to a Texas Divorce Attorney Before You File
Every situation is different, and financial decisions made too quickly or without guidance can have long-term consequences.
If you’re considering divorce and want to understand how to protect yourself before filing, speaking with a local Texas divorce attorney can help you move forward with clarity and confidence.
Serving Rockwall, Terrell & Waxahachie, Texas | Call or text for a FREE, confidential consultation
Veteran-owned | Family-run | Texas Family Law Firm
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