The Divorce Process in Texas - The Basics
Dallas Divorce Attorney - A divorce is obviously among life’s most stressful and traumatic 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 texts i regretted sending be applied against me in the litigation? (or the photos I sent) Who can get the house? And countless other questions. Nearly all divorces are settled from court. Most of the time, 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, greed, bitterness and jealousy etc. The uncertainty of divorce litigation is, to some extent, why it is crucial to employ the best Dallas divorce attorney. You need an advocate ready to wear any number of hats, coming from a facilitator who can guide a small-conflict divorce to a speedy resolution for an aggressive divorce litigator that is ready to fight to your rights each time a quick settlement is not really possible.
Dallas Divorce Attorney - Below is actually a basic description of how the Texas divorce process unfolds procedurally - the steps and requirements for filing for divorce-and the stages from the litigation process generally. Substantive issues relating to child property and custody 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 concerning your specific case, call us at (214) 347-4259 or CLICK HERE to complete 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 called the petitioner as well as the opposing spouse is referred to as the respondent. To maintain a divorce suit in Texas, certain residency requirements must be satisfied. During the time the suit is filed, either the petitioner or even the respondent should have been a Texas resident for your preceding six-month period along with a resident of the county in which the suit is filed for the preceding 90-day period. After the respondent is served with the petition, he or she will 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 really a “no-fault” divorce state. Because of this a divorce could be granted without regard that spouse caused the breakdown in the marriage. There are several no-fault grounds which can be alleged inside a divorce action. The most typical no-fault ground is at-supportability. To assert this ground, an event simply has to allege the “marriage is becoming insupportable due to discord or conflict of personalities that destroys the legitimate ends in the marriage relationship and prevents any reasonable expectation of reconciliation.” Along with no-fault grounds, a petitioner (or even the respondent if he or she files a counter-petition for divorce) may seek a divorce on fault grounds. Available fault grounds include abandonment, adultery and cruelty and felony imprisonment and conviction of a spouse. Fault with no-fault grounds could be alleged together inside the same petition. Proving a fault ground can impact how the court decides other issues within the divorce, including custody 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 reply is “yes.” Texas fails to recognize legal separation. your and You spouse are married until one final decree of divorce is entered by way of a court. This means, as an example, that being romantically included in someone other than your partner while “separated” constitutes adultery under Texas law and can be utilized against you inside a future divorce proceeding.
TEMPORARY ORDERS
Once the answer and petition are filed, the next stage within the divorce process is definitely the entry of temporary orders. Temporary orders can take place relatively quickly-inside a week of once the divorce petition is filed. Temporary orders in family law litigation are orders from the court after a hearing that govern custody and support of the children, the preservation and protection of the parties’ property, as well as the parties’ interaction with one another as the divorce is pending. If not years, this is a critical phase in the divorce process, given that divorce litigation can last for months. As an example, temporary orders can prohibit the parties from hiding or selling assets, raiding the checking account, shutting from the utilities, or removing the children from your county where 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, the court can order the monied spouse to pay your reasonable attorney’s fees while the divorce is pending. 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 each and every 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 in order to avoid it. These attorneys will push one to reach a negotiated settlement around the eve of your own hearing on terms that might not be to your advantage. Apart from being intimidated by the courtroom, some divorce lawyers run high-volume, assembly-line practices and therefore are incentivized to finalize your case as soon as possible. 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, as a result.
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 from a court with a temporary orders hearing may include the subsequent:
Requiring a sworn inventory and appraisement of personal and real property owned or claimed through the parties, and a list of all liabilities and debts owed by the parties;
Requiring temporary support of either spouse;
Requiring the payment of attorney’s fees and expenses;
Awarding one spouse exclusive occupancy of the residence through the pendency from the case;
Prohibiting one or both parties from spending funds beyond what the court determines to become for reasonable and necessary cost of living;
Awarding one spouse exclusive control of a party’s usual business or occupation.
In addition to 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 custody is an issue inside the divorce, the legal court will enter temporary orders regarding custody in the children, child support, and visitation throughout the pendency of the case. The above mentioned set of potential orders is not really exclusive. A legal court has broad discretion to get in any order necessary to protect theproperty and parties, and children throughout the litigation process.
A temporary orders hearing is sort of a mini-trial. Each party is going to be able to put and testify on evidence, including witnesses, concerning the matters at issue. Inside a custody case, for instance, a celebration may call family friends, members, teachers and neighbors etc. to testify regarding a party’s parenting abilities and relationship with all the children. The key distinction from a temporary orders hearing and a final trial is 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 take for the hearing, significantly less what these folks might say about your character and fitness as a parent. You don’t really know what sms messages, e-mails or some other evidence might be used to impeach your credibility.
DISCOVERY
After the initial divorce petition and answer are filed, discovery will be the next important stage inside the litigation process. Discovery is the method whereby either side, using various discovery tools including document requests and depositions, exchange and gather relevant information regarding the situation. As well as in a divorce case, especially if children are involved, almost everything regarding your daily life is applicable-phone records, e-mails, sms messages, sexual history, druguse and photographs, and social media marketing postings (Facebook, Twitter) are fair game. Discovery can also be employed to identify the parties’ assets and liabilities-tax bank and returns records are obvious discovery targets within this context.
Conducting proper discovery is invasive and costly. But it is essential to gathering the information necessary to properly measure the merits from the parties’ respective claims and defenses, minimizing the potential for surprises at trial, and determining whether settlement is appropriate. When used strategically, discovery can help a party achieve critical bargaining leverage and provide regarding a quick settlement. I actually 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 to get a six hour deposition.
SETTLEMENT, MEDIATION AND FINAL TRIAL
At some point during the litigation process, the parties will typically explore the potential of settlement. Actually, nearly all divorce cases are settled before a final trial. The attorneys can prepare a written settlement agreement that is presented to the court for incorporation in the final divorce decree if the parties can reach agreement on the issues. The parties may also choose to get involved in mediation to solve their case. Mediation is actually a forum in which an impartial person-the mediator-assists the parties in visiting an 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. Inside a divorce suit, either party may call for a jury trial. A jury can decide custody in the children and also the valuation and characterization of property. Whether a jury trial is better than a bench trial (in which the judge decides the outcome) necessarily is dependent upon the details of the case and how much cash you’re prepared to spend.
If you are contemplating a divorce, or happen to be served using a divorce petition, Click This Link to contact Dallas Divorce Lawyer, Aaron A. Herbert by filling out our free case consultation form, or give us a call at (214) 347-4259 to arrange a totally free consultation today.
