Following these tips may help your case!
1. Don’t post to social media about your divorce or court case. Don’t complain about your former partner on social media. Don’t complain about the court’s rulings or the judge for your case on social media.
2. Stop arguing in an angry manner with your ex, or soon-to-be ex, and especially don’t leave a paper trail of arguments by email or text message. Remember you may be being recorded. If you don’t want it read back to you in court, don’t say it. All you can control is how you respond. Don’t allow yourself to be baited by your ex who is trying to create evidence against you.
3. Don’t send important documents to your attorney by text. Important communications and documents should be sent by email.
4. Figure out what your goals are. Without clear, realistic goals based on the facts and the law, your case will suffer.
5. Court is a last resort when things can’t be worked out. Be open to reasonable compromise. When you don’t work it out with the opposing party, you are empowering a judge or jury to decide your family matters. Neither party may like how the judge or jury resolves it. The judge is a highly experienced professional who will do his or her best job, but the truth is this judge has only known you for a couple of hours at best.
6. Don’t commit illegal wiretapping or hacking, which may be a criminal offense. Don’t break into another party’s devices to get information or spy. If information migrates between devices due to a family plan, it may still be illegal wiretapping. Take steps to stop the data migration. Your attorney probably cannot use this information in court.
7. Be honest. Dishonesty will likely come back to bite you. Don’t hide assets. It is alarming when your client tells you one thing, then once they are sworn into testify truthfully, they say something different.
8. Tell your attorney the full story. We ask our clients to write us a narrative at the beginning of a case and send important documents. It is better for an attorney to know the full story at the beginning and be able to plan accordingly, rather than be surprised later. What you tell us is confidential and privileged. We have heard it all so there is no reason to be embarrassed.
9. Don’t do drugs, including marijuana (which is still illegal in Texas, except in rare circumstances). While not handled as harshly as hard drugs such as meth, heroin, or cocaine, in a custody battle, the use of marijuana could be the deciding factor against you. Do not use marijuana in states where it is legal, because you will test positive when you come back to Texas and this could still impact your case.
10. Do not commit adultery while the divorce is pending. Do not have sex with people other than your legal spouse. Do not use community assets to buy expensive things for a boyfriend or girlfriend while the divorce is pending.
11. Follow all court orders. Provide responses and documents in the discovery process. Follow advice given to you by your attorney. Pay child support consistently and on time.
12. Treat your ex or soon-to-be spouse with respect, even if it is not reciprocated.
13. Be prepared to fully disclose your assets and your income, and begin assembling the documents necessary to do that. For your income, collect the last two years of tax returns, W-2s, 1099s, three months of your most recent pay stubs, and six months of bank statements.
14. If going from a divorce, don’t take your spouse or children off your health or other insurance until a court order says you can do so. Spend only for living expenses. Do not transfer assets without explicit court permission. Follow court orders including standing orders, temporary restraining orders, and injunctions for protection of property and persons.
15. Don’t bring your kids to court unless told to do so.
