Texas Divorce Process
The Divorce Process in Texas - The Basics
Dallas Divorce Lawyer - A divorce is obviously among life’s most traumatic and stressful events. As you embark on this process, you will have a lot of questions. When do you file? What happens after I file? Can those text messages i regretted sending be used against me within the litigation? (or perhaps the photos I sent) That will have the house? And countless other questions. The majority of divorces are settled from court. Oftentimes, the process is amicable. However, I have seen many divorces begin with both parties seemingly committed to a smooth resolution only to see these good intentions collapse under the emotional baggage that accompanies most break-ups-anger, jealousy, greed and bitterness etc. The uncertainty of divorce litigation is, partly, why it is essential to hire the right Dallas divorce attorney. You will need an advocate prepared to wear a variety of hats, from the facilitator who are able to guide a small-conflict divorce to your speedy resolution with an aggressive divorce litigator that is prepared to fight to your rights each time a quick settlement is not possible.
Dallas Divorce Lawyer - Below is really a basic description of methods the Texas divorce process unfolds procedurally - the steps and requirements for filing for divorce-as well as the stages in the litigation process generally. Substantive issues in relation to child custody and property division are critical areas who have their very own dedicated pages on this internet site. To make contact with our office to get a free consultation about your specific case, give us a call at (214) 347-4259 or CLICK HERE to fill out our free case consultation form.
INITIATING A DIVORCE SUIT
In Texas, a divorce suit begins when one spouse files a petition for divorce. The spouse filing the petition is referred to as the petitioner and the opposing spouse is called the respondent. To keep a divorce suit in Texas, certain residency requirements should be satisfied. At that time the suit is filed, either the petitioner or even the respondent will need to have been a Texas resident for your preceding six-month period as well as a resident of the county where the suit is declared the preceding 90-day period. Once the respondent is served using the petition, she or he could have approximately twenty days to submit a written solution to the petition. A divorce suit must be on file for at least 60 days before the court may grant a divorce.
GROUNDS FOR DIVORCE
Texas is a “no-fault” divorce state. Because of this a divorce might be granted without regard to which spouse caused the breakdown in the marriage. There are many no-fault grounds that may be alleged in a divorce action. The most typical no-fault ground is within-supportability. To assert this ground, a party simply has to allege that this “marriage is becoming insupportable due to discord or conflict of personalities that destroys the legitimate ends from the marriage relationship and prevents any reasonable expectation of reconciliation.” As well as no-fault grounds, a petitioner (or even the respondent if she or he files a counter-petition for divorce) may seek a divorce on fault grounds. Available fault grounds include adultery, cruelty and abandonment and felony imprisonment and conviction of any spouse. Fault with no-fault grounds could be alleged together inside the same petition. Proving a fault ground can impact just how the court decides other issues inside the divorce, including custody of the children and property division. For example, if you can prove that your spouse committed adultery or abused you during the marriage, the court can award you a larger share of the community property. I am frequently asked whether a spouse’s conduct during a period of “separation” is relevant once a party files for divorce. The correct answer is “yes.” Texas fails to recognize legal separation. You and your spouse are married until a final decree of divorce is entered by way of a court. What this means is, as an example, that being romantically included in someone apart from your partner while “separated” constitutes adultery under Texas law and may be used against you in a future divorce proceeding.
TEMPORARY ORDERS
When the answer and petition are filed, another stage inside the divorce process is the entry of temporary orders. Temporary orders can occur relatively quickly-in a week of if the divorce petition is filed. Temporary orders in family law litigation are orders from the court using a hearing that govern support and custody in the children, the preservation and protection of the parties’ property, and also the parties’ interaction together whilst the divorce is pending. Given that divorce litigation can last for months, if not years, this is a critical phase in the divorce process. For example, temporary orders can prohibit the parties from hiding or selling assets, raiding the bank checking account, shutting off the utilities, or removing the children from your county where the divorce is pending. The court can order the monied spouse to pay your reasonable attorney’s fees while the divorce is pending if you’re the less monied spouse-perhaps a stay-at-home mom-and don’t have access to your spouse’s assets to pay an attorney. Temporary orders are important because temporary orders have a tendency to become final orders, meaning that the court’s final orders with respect to property, child support, child custody, and other issues often mirror the temporary orders, as any family law attorney will tell you.
A short-term orders hearing is not required in every single case. However, because of the gravity of the stakes in a temporary orders hearing-the results of which can impact the entire trajectory of your case-hiring a Dallas divorce attorney with strong courtroom skills is vital. Surprisingly, many divorce attorneys are fearful from the courtroom and try desperately to avoid it. These attorneys will push you to definitely reach a negotiated settlement around the eve of the hearing on terms that is probably not to your advantage. Besides being afraid of the courtroom, some divorce lawyers run high-volume, assembly-line practices and they are incentivized to finalize your case as quickly as possible. As a result, they don’t have the time or inclination to properly prepare for contested hearings where they might actually be required to make arguments, present evidence, and cross-examine witnesses.
I really do not run that sort of practice. I approach every case with all the expectation it calls for a contested hearing and prepare accordingly.
Relief issued by a court with a temporary orders hearing may include the subsequent:
Requiring a sworn inventory and appraisement of all the personal and real property owned or claimed by the parties, and a list of all debts and liabilities owed by the parties;
Requiring temporary support of either spouse;
Requiring the payment of attorney’s expenses and fees;
Awarding one spouse exclusive occupancy from the residence through the pendency of the case;
Prohibiting one or the two of you from spending funds beyond what the court determines to become for necessary and reasonable cost of living;
Awarding one spouse exclusive control of a party’s usual business or occupation.
As well as the foregoing relief, a court may issue temporary orders restraining the parties from destroying the parties’ tangible property, communicating by telephone or even in writing in a profane manner, making threats of bodily injury, among other relief. If child custody is a concern in the divorce, the legal court will enter temporary orders regarding custody of the children, child support, and visitation throughout the pendency of the case. The aforementioned listing of potential orders is not really exclusive. A legal court has broad discretion to enter any order necessary to protect theproperty and parties, and kids throughout the litigation process.
A short-term orders hearing is sort of a mini-trial. Each party will likely be able to testify and put on evidence, including witnesses, concerning the matters at issue. Inside a custody of the children case, for example, a celebration may call family friends, teachers, members and neighbors etc. to testify regarding a party’s parenting abilities and relationship using the children. The key distinction from a temporary orders hearing and a final trial is definitely the part of surprise. Because a temporary orders hearing can occur within days after the divorce petition is filed, the parties haven’t had an opportunity to conduct discovery and determine what evidence exists to support the other side’s case. A temporary orders hearing can be a trial by ambush, as a result. You don’t know what witnesses your partner will bring to the hearing, much less what these individuals might say about your character and fitness being a parent. You don’t know what sms messages, e-mails or any other evidence might be utilized to impeach your credibility.
DISCOVERY
Right after the initial divorce answer and petition are filed, discovery is the next important stage within the litigation process. Discovery is the method whereby each side, using various discovery tools such as document requests and gather, exchange and depositions relevant details about the truth. As well as in a divorce case, especially if children are involved, almost everything pertaining to your life is applicable-phone records, e-mails, sms messages, sexual history, drugphotographs and use, and social media postings (Facebook, Twitter) are fair game. Discovery is additionally employed to identify the parties’ liabilities and assets-tax returns and bank records are obvious discovery targets in this context.
Conducting proper discovery is invasive and costly. But it is essential to gathering the details necessary to properly evaluate the merits from the parties’ respective claims and defenses, minimizing the chance of surprises at trial, and determining whether settlement is appropriate. When used strategically, discovery may help an event achieve critical bargaining leverage and provide regarding a quick settlement. We have seen parties capitulate and settle in the beginning inside a case rather than submit for the cost and inconvenience of producing reams of sensitive documents or sitting for a six hour deposition.
SETTLEMENT, MEDIATION AND FINAL TRIAL
Sooner or later through the litigation process, the parties will typically explore the potential of settlement. In fact, the majority of divorce cases are settled before a final trial. If the parties can reach agreement on the issues, the attorneys can prepare a written settlement agreement that is presented to the court for incorporation in the final divorce decree. The parties may also opt to participate in mediation to resolve their case. Mediation is actually a forum by which an impartial person-the mediator-assists the parties in coming to a binding agreement that resolves some or each of the issues in dispute. Mediation is mandatory before a final trial, in some Texas counties.
If the parties cannot resolve their issues through mediation, the next step is a final trial before a judge or jury. In a divorce suit, either party may require a jury trial. A jury can decide custody of the children and also the characterization and valuation of property. Whether a jury trial is better than a bench trial (in which the judge decides the result) necessarily depends on the important points of your case and the money you’re prepared to spend.
If you are contemplating a divorce, or have already been served using a divorce petition, Just Click Here get in touch with Dallas Divorce Lawyer, Aaron A. Herbert by completing our free case consultation form, or call us at (214) 347-4259 to arrange a free consultation today.
Dallas Divorce Lawyer - A divorce is obviously among life’s most traumatic and stressful events. As you embark on this process, you will have a lot of questions. When do you file? What happens after I file? Can those text messages i regretted sending be used against me within the litigation? (or perhaps the photos I sent) That will have the house? And countless other questions. The majority of divorces are settled from court. Oftentimes, the process is amicable. However, I have seen many divorces begin with both parties seemingly committed to a smooth resolution only to see these good intentions collapse under the emotional baggage that accompanies most break-ups-anger, jealousy, greed and bitterness etc. The uncertainty of divorce litigation is, partly, why it is essential to hire the right Dallas divorce attorney. You will need an advocate prepared to wear a variety of hats, from the facilitator who are able to guide a small-conflict divorce to your speedy resolution with an aggressive divorce litigator that is prepared to fight to your rights each time a quick settlement is not possible.
Dallas Divorce Lawyer - Below is really a basic description of methods the Texas divorce process unfolds procedurally - the steps and requirements for filing for divorce-as well as the stages in the litigation process generally. Substantive issues in relation to child custody and property division are critical areas who have their very own dedicated pages on this internet site. To make contact with our office to get a free consultation about your specific case, give us a call at (214) 347-4259 or CLICK HERE to fill out our free case consultation form.
INITIATING A DIVORCE SUIT
In Texas, a divorce suit begins when one spouse files a petition for divorce. The spouse filing the petition is referred to as the petitioner and the opposing spouse is called the respondent. To keep a divorce suit in Texas, certain residency requirements should be satisfied. At that time the suit is filed, either the petitioner or even the respondent will need to have been a Texas resident for your preceding six-month period as well as a resident of the county where the suit is declared the preceding 90-day period. Once the respondent is served using the petition, she or he could have approximately twenty days to submit a written solution to the petition. A divorce suit must be on file for at least 60 days before the court may grant a divorce.
GROUNDS FOR DIVORCE
Texas is a “no-fault” divorce state. Because of this a divorce might be granted without regard to which spouse caused the breakdown in the marriage. There are many no-fault grounds that may be alleged in a divorce action. The most typical no-fault ground is within-supportability. To assert this ground, a party simply has to allege that this “marriage is becoming insupportable due to discord or conflict of personalities that destroys the legitimate ends from the marriage relationship and prevents any reasonable expectation of reconciliation.” As well as no-fault grounds, a petitioner (or even the respondent if she or he files a counter-petition for divorce) may seek a divorce on fault grounds. Available fault grounds include adultery, cruelty and abandonment and felony imprisonment and conviction of any spouse. Fault with no-fault grounds could be alleged together inside the same petition. Proving a fault ground can impact just how the court decides other issues inside the divorce, including custody of the children and property division. For example, if you can prove that your spouse committed adultery or abused you during the marriage, the court can award you a larger share of the community property. I am frequently asked whether a spouse’s conduct during a period of “separation” is relevant once a party files for divorce. The correct answer is “yes.” Texas fails to recognize legal separation. You and your spouse are married until a final decree of divorce is entered by way of a court. What this means is, as an example, that being romantically included in someone apart from your partner while “separated” constitutes adultery under Texas law and may be used against you in a future divorce proceeding.
TEMPORARY ORDERS
When the answer and petition are filed, another stage inside the divorce process is the entry of temporary orders. Temporary orders can occur relatively quickly-in a week of if the divorce petition is filed. Temporary orders in family law litigation are orders from the court using a hearing that govern support and custody in the children, the preservation and protection of the parties’ property, and also the parties’ interaction together whilst the divorce is pending. Given that divorce litigation can last for months, if not years, this is a critical phase in the divorce process. For example, temporary orders can prohibit the parties from hiding or selling assets, raiding the bank checking account, shutting off the utilities, or removing the children from your county where the divorce is pending. The court can order the monied spouse to pay your reasonable attorney’s fees while the divorce is pending if you’re the less monied spouse-perhaps a stay-at-home mom-and don’t have access to your spouse’s assets to pay an attorney. Temporary orders are important because temporary orders have a tendency to become final orders, meaning that the court’s final orders with respect to property, child support, child custody, and other issues often mirror the temporary orders, as any family law attorney will tell you.
A short-term orders hearing is not required in every single case. However, because of the gravity of the stakes in a temporary orders hearing-the results of which can impact the entire trajectory of your case-hiring a Dallas divorce attorney with strong courtroom skills is vital. Surprisingly, many divorce attorneys are fearful from the courtroom and try desperately to avoid it. These attorneys will push you to definitely reach a negotiated settlement around the eve of the hearing on terms that is probably not to your advantage. Besides being afraid of the courtroom, some divorce lawyers run high-volume, assembly-line practices and they are incentivized to finalize your case as quickly as possible. As a result, they don’t have the time or inclination to properly prepare for contested hearings where they might actually be required to make arguments, present evidence, and cross-examine witnesses.
I really do not run that sort of practice. I approach every case with all the expectation it calls for a contested hearing and prepare accordingly.
Relief issued by a court with a temporary orders hearing may include the subsequent:
Requiring a sworn inventory and appraisement of all the personal and real property owned or claimed by the parties, and a list of all debts and liabilities owed by the parties;
Requiring temporary support of either spouse;
Requiring the payment of attorney’s expenses and fees;
Awarding one spouse exclusive occupancy from the residence through the pendency of the case;
Prohibiting one or the two of you from spending funds beyond what the court determines to become for necessary and reasonable cost of living;
Awarding one spouse exclusive control of a party’s usual business or occupation.
As well as the foregoing relief, a court may issue temporary orders restraining the parties from destroying the parties’ tangible property, communicating by telephone or even in writing in a profane manner, making threats of bodily injury, among other relief. If child custody is a concern in the divorce, the legal court will enter temporary orders regarding custody of the children, child support, and visitation throughout the pendency of the case. The aforementioned listing of potential orders is not really exclusive. A legal court has broad discretion to enter any order necessary to protect theproperty and parties, and kids throughout the litigation process.
A short-term orders hearing is sort of a mini-trial. Each party will likely be able to testify and put on evidence, including witnesses, concerning the matters at issue. Inside a custody of the children case, for example, a celebration may call family friends, teachers, members and neighbors etc. to testify regarding a party’s parenting abilities and relationship using the children. The key distinction from a temporary orders hearing and a final trial is definitely the part of surprise. Because a temporary orders hearing can occur within days after the divorce petition is filed, the parties haven’t had an opportunity to conduct discovery and determine what evidence exists to support the other side’s case. A temporary orders hearing can be a trial by ambush, as a result. You don’t know what witnesses your partner will bring to the hearing, much less what these individuals might say about your character and fitness being a parent. You don’t know what sms messages, e-mails or any other evidence might be utilized to impeach your credibility.
DISCOVERY
Right after the initial divorce answer and petition are filed, discovery is the next important stage within the litigation process. Discovery is the method whereby each side, using various discovery tools such as document requests and gather, exchange and depositions relevant details about the truth. As well as in a divorce case, especially if children are involved, almost everything pertaining to your life is applicable-phone records, e-mails, sms messages, sexual history, drugphotographs and use, and social media postings (Facebook, Twitter) are fair game. Discovery is additionally employed to identify the parties’ liabilities and assets-tax returns and bank records are obvious discovery targets in this context.
Conducting proper discovery is invasive and costly. But it is essential to gathering the details necessary to properly evaluate the merits from the parties’ respective claims and defenses, minimizing the chance of surprises at trial, and determining whether settlement is appropriate. When used strategically, discovery may help an event achieve critical bargaining leverage and provide regarding a quick settlement. We have seen parties capitulate and settle in the beginning inside a case rather than submit for the cost and inconvenience of producing reams of sensitive documents or sitting for a six hour deposition.
SETTLEMENT, MEDIATION AND FINAL TRIAL
Sooner or later through the litigation process, the parties will typically explore the potential of settlement. In fact, the majority of divorce cases are settled before a final trial. If the parties can reach agreement on the issues, the attorneys can prepare a written settlement agreement that is presented to the court for incorporation in the final divorce decree. The parties may also opt to participate in mediation to resolve their case. Mediation is actually a forum by which an impartial person-the mediator-assists the parties in coming to a binding agreement that resolves some or each of the issues in dispute. Mediation is mandatory before a final trial, in some Texas counties.
If the parties cannot resolve their issues through mediation, the next step is a final trial before a judge or jury. In a divorce suit, either party may require a jury trial. A jury can decide custody of the children and also the characterization and valuation of property. Whether a jury trial is better than a bench trial (in which the judge decides the result) necessarily depends on the important points of your case and the money you’re prepared to spend.
If you are contemplating a divorce, or have already been served using a divorce petition, Just Click Here get in touch with Dallas Divorce Lawyer, Aaron A. Herbert by completing our free case consultation form, or call us at (214) 347-4259 to arrange a free consultation today.