If a potential divorce is on the horizon, it pays to do some pre-planning. During a pending divorce, emotions often run high, and day-to-day routines are disrupted. Important decisions may have to be made under stress.

There are many situations in which pre-divorce planning can be beneficial to one or both parties.

1. When there may be violence or threats: If you are in an abusive relationship, or one in which your partner may become violent, you should plan in advance. You will need to have a safe place to go, access to funds, important papers and transportation, and quite possibly have protective orders in place prior to the time your spouse is served with papers. You will need to make arrangements in advance to keep children and pets safe, as well as yourself.

2. When you or your spouse own or operate a business together: You will want to be sure that the action is filed and proceeds with as little disruption as possible to the business, its employees, and its customers. An attorney who is also familiar with business law can be helpful in these situations, as you will need your lawyer to help you have reasonable expectations about what to expect from the business if your divorce proceeds.

3. When one spouse controls the finances: If your spouse controls the finances and assets, you will need to know what to do to protect your interests from the beginning. If you are the one who pays bills and manages funds, you will need to have a realistic picture of what will be expected and required during the divorce action so that you can budget accordingly.

4. When you and/or your spouse have debt: It can be very helpful to know in advance what will be expected of you individually if you proceed to a final divorce. You may need this information prior to deciding whether to return to work or change jobs. You will also want to pay particular attention to keeping up payments on real estate and vehicles to avoid losing hard-earned equity in these assets.

5. When you have separate property concerns: Although Texas is a community property state, you or your spouse may have property which can be considered "separate property". There are often "gray areas" as to whether property is separate or has become part of the marital estate. Deciding these issues can use up a lot of legal fees during the divorce, so it is a good idea to gather documentation in advance.

A divorce is a life-changing event and you shouldn't guess when it comes to your legal rights and obligations. A confidential consultation can help you decide how to handle a potential divorce in the best manner possible under the circumstances.