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T.D. Lewis Law Firm, PLLC
Civil Rights, Criminal Justice & Family Law/Divorce Attorneys
Tel: (972)455-2810
Toll Free: (877)4MY-LWYR
info@lewisjustice.com
Ending an unworkable marriage can be very difficult and painful for both spouses and their children. Fighting in court about property, custody, spousal support, and child support can be emotionally draining and expensive for all parties involved. This firm realizes the emotional and financial struggles inherently involved with divorce. Therefore, we strive to make the dissolution as painless as possible.
Our firm offers legal representation for both Contested and Uncontested Divorces. While we typically recommend the spouses try to work together and have an Uncontested divorce, we are realistic enough to know that is not always an option.
Below you will find a summary of the Uncontested Divorce and Contested Divorce processes. Not all divorce follow these sequence of events strictly. However, they are the chronological sequence of events that typically take place in a divorce.
Original Petition for Divorce
The divorce process starts by filing the original petition, which is a motion to the court requesting the court to grant a divorce and any other relief requested. It will identify the parties to the divorce and the children. Additionally, it will let the court know the reasons why divorce is warranted, i.e. "discord and conflict that destroys the legitimate ends of the marital relationship, adultery, abandonment," etc. The "Petitioner" is the spouse who files for the divorce. The "Respondent" is the spouse who answers the divorce petition. A party may ask for Temporary Orders, Temporary Restraining Orders, and a Protection Order along with the Original Petition.
Temporary Orders
A party may request the court to grant orders between the date the divorce is filed and granted. A temporary restraining order (TRO) and temporary injunction to prevent the transfer or disposition of property and/or to prevent harassment may also be necessary. Generally, a TRO and a temporary injunction give the same relief, which oftentimes is intended to maintain the "status quo" and preserve property. A TRO is good for 14 days only, and is granted without notice or a hearing. A temporary injunction is granted after notice to your spouse and a hearing or agreement, and remains in effect until your divorce is granted.
Temporary orders may also be needed to determine which spouse shall remain in the family home, payment of bills, conservatorship and support of the children, attorneys' fees, and the filing of inventories, production of documents, and other matters.
If a spouse obtains a Temporary Restraining Order or has requested a hearing for Temporary Orders, the court will set a hearing date typically 14 days after the date of filing. A judge will hear evidence and make appropriate orders.
Regardless of your gender, you have a right to be part of your children's lives. You also have the right to ensure the safety and well-being of your children. If your spouse is refusing to let you see or contact your children, or if you feel your spouse is endangering your children's mental, emotional, or physical well-being, you need to seek legal counsel immediately.
Because of the short time frame between the filing of the Temporary Orders and the date of the hearing, it is highly important that you retain an attorney who is both experienced and dedicated to giving personable attention to your case. Additionally, the Court's judgment in the Temporary Orders hearing can set precedent that makes up the eventual outcome of your Final Orders. Therefore, our firm makes your Temporary Orders hearing a high priority matter. We prepare for the Temporary Orders hearing as if it is a high-profile trial.
Discovery
Discovery is the process where one side is ordered to produce information, documents, and other evidence that is relevant to the lawsuit. There are various tools available for the discovery of information. The most common devices are: Disclosures, Interrogatories (written questions), Request for Production of documents (such as tax returns, bank account records, deed, etc.), Admissions, and Depositions (oral testimony before a court reporter).
Mediation
The State of Texas maintains a policy that requires the parties to try and resolve their conflicts without court intervention, other than granting the divorce. Mediation is the process where both spouses and their attorneys meet in a neutral setting to negotiate and attempt to resolve the case. A "mediator" presides over the process and facilitates the discussion. The mediator's focus will be to help the parties settle the case.
Generally, by the time the mediation takes place, both sides will have enough information to be able to resolve the contested issues of the divorce without further Court intervention.
Trial
If the case can't be settled before or during mediation, then it will be set for trial. During the trial the court will hear the evidence, examine the pleadings of both parties, and make its final determination. Trial can be before the court or before a jury upon request.
Post Trial
After the trial or settlement, the parties will draft a Final Decree of Divorce. This decree will reflect the agreement of the parties or the Court's determination, if a trial is warranted. The decree will spell out who gets what property, where the primary residence of the children will be, how the parties are to conduct their relationship where the minor children are concerned, and will set child support.
If children are involved in the divorce, the Court's jurisdiction will be continuous. In other words, it will be a "Court of Continuing Jurisdiction. The Court's jurisdiction remains in place to enforce its decree until your children are at least 18 years of age, or otherwise emancipated. A parent may go back to the Court and request it to modify the decree, child custody, or child support.
Texas is a no-fault divorce state.
Texas law requires the couple wait 60 days before the Court can grant a divorce. This 60-day period is known as the "cooling off period." This waiting period is meant to give the spouses an opportunity to reconcile. Therefore, no Final Decree of Divorce can be entered until 60 days after filing the Original Petition for Divorce.