
Many people find themselves thinking about what they want for the future during the holiday season. Taking a break from the normal daily routine affords time to reflect on life; and, for many people, this includes reflecting on their marriage.
If you are thinking about bringing your marriage to an end, you are not alone. Statistics show that this is traditionally a time of year when many people start preparing—formally or informally—to file for divorce. Over the past year, our lawyers have published several articles for spouses who are considering a divorce. Here are some key insights to carry forward if you are considering a divorce in 2026:
The Process of Preparing for Your Divorce: An Overview
Preparing for a divorce starts with understanding what you can expect during the process. Getting divorced is just that—a process—and there are steps spouses can take to navigate each stage of the process successfully.
With this in mind, if you are considering a divorce in 2026, we encourage you to start here. This article provides an overview of what you can expect as you start on the process of bringing your marriage to an end: Preparing for a Divorce in Texas: What Spouses Need to Know.
Understanding the Key Terms in Your Divorce
The divorce process involves a lot of terminology that is unfamiliar to most people. Familiarizing yourself with this terminology can help you feel more comfortable and more confident as you move forward. When going through a divorce, informed decision-making is key, and making informed decisions starts with ensuring that you have a clear understanding of all of the information you’ll need to process along the way. To start familiarizing yourself with some key terms, you can read: Getting Divorced in Texas: Key Terms You’ll Need to Know
Deciding How to Approach Your Divorce Based on Your Individual Circumstances
While you will need to make several important decisions during the divorce process, one of the first decisions you will need to make has to do with the process itself. Should you take your divorce to court? Or, should you focus on achieving an amicable out-of-court resolution?
Many spouses will prefer the latter approach for a variety of reasons. In many cases, this involves pursuing a collaborative divorce. To learn about the differences between resolving your divorce in and out of court, you can read:Collaborative Divorce vs. Litigation in San Antonio: Which Path Protects Your Peace, Family & Finances?
Divorce Mediation: A Middle Ground that Works for Many Divorcing Couples
Along with collaborative divorce and divorce litigation, divorce mediation is also an option for resolving conflicts during the divorce process. While divorce mediation involves working with a neutral third-party, unlike a judge, a mediator does not render a final decision. Instead, the mediator’s role is to use his or her experience and insights to help facilitate an amicable resolution. For an overview of the divorce mediation process, including when it works and how it works, you can read: Divorce Mediation: What Is It and Who Should Use It?
Protecting Your Assets During the Divorce Process
All couples need to divide their assets during the divorce process. Absent a legally enforceable prenuptial or postnuptial agreement, couples must divide their assets according to Texas’s “community property” and “equitable distribution” principles.
While this is an important part of the process for all couples, it is an especially important part of the process for those that have accumulated substantial wealth. If you are preparing to go through a high-asset divorce in 2026, here is an introduction to what you need to know:High-Asset Divorce in San Antonio: Protecting Your Wealth During Complex Divorce Proceedings.
Protecting Your Parental Rights During the Divorce Process
If you have minor children from your marriage, dividing parenting time will be a key aspect of the divorce process as well. Under Texas law, divorcing parents must divide parenting time based on what is in their children’s best interests, and this involves applying what are known as the “Holley factors.” For an introduction to some of the key considerations involved in dividing parenting time during the divorce process in Texas, you can read: Establishing Parental Rights During a Divorce: Texas’s “HolleyFactors” for Determining Child Custody.
Making Informed Decisions About Hiring a Divorce Lawyer
Another key decision you will need to make early in the process is whether to hire a lawyer to represent you. Regardless of your individual circumstances, there are several important reasons to work closely with an experienced lawyer throughout your divorce. Not only can oversights during the divorce process have negative consequences for you and your children, but they can also lead to unnecessary costs, complications, and disputes in the future. To learn more about why it’s important to have an experienced divorce lawyer by your side, you can read: Ending Your Marriage in Texas: Do You Need a Divorce Lawyer?
Don’t Overlook the Importance of Updating (or Creating) Your Estate Plan
Finally, when you are planning for a divorce, it is important to think about your estate plan as well. This is true whether you currently have a plan in place or you haven’t yet set aside the time to create an estate plan. While there are several divorce-specific considerations involved in estate planning for former (or soon-to-be-former) spouses, ensuring that you have a comprehensive and legally sound estate plan is important regardless of your current family, financial, and health circumstances. Learn more:
- Probate & Estate Planning in San Antonio: A Complete Guide
- Do I Need a Lawyer to Prepare My Estate Plan in Texas?
- Estate Planning in San Antonio: Why Professional Probate Guidance Protects Your Family and Assets
Schedule a Confidential Consultation with a San Antonio Divorce Lawyer Today
Are you considering a divorce in 2026? If so, we strongly encourage you to get in touch. We can help you make informed decisions; and, if you decide to move forward, we can guide you every step of the way. To schedule a confidential consultation with an experienced San Antonio divorce lawyer, call us at 210-224-4077 or schedule an appointment online today.
