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Divorce law
If your
marriage is in trouble, and your best efforts to save it have not
worked, you need a good attorney on your side who can help you
through the process of a very difficult and confusing system while keeping your best interest at heart.
Our firm strongly believes that obtaining the best
possible result in your divorce does not have to be a painful
ordeal. We believe that often times negotiating and participating in
collaborative law procedures to resolve cases is a better
alternative to our clients than experiencing a contested and stressful
court procedure. This holds true
especially when there are children involved and the parties must
continue to be in contact with each other.
Each divorce is unique and carries
with it different facts. Depending on the circumstances,
complexities of the division of property and other central matters
that may be contested, you may experience some or all of the
following in a divorce proceeding in the State of Texas.
These are the stages of a divorce in
Texas:
1. Filing for divorce
2. Temporary orders
3. Discovery
4. Negotiations
5. Final hearing
1. Filing for divorce
One of the parties will be the Petitioner presenting a Petition for
Divorce to the Court. This is usually done through his or her
attorney. The Respondent is then served with the papers and is given
time to respond. With the Petition, there is usually an Order
setting a hearing for “Temporary Orders.”
2. Temporary orders
Their purpose is to decide what will happen with the children and
the property during the pendency of the divorce. They are necessary
to prevent wasteful management of the assets and to avoid conflicts
that could harm the children.
3. Discovery
Once the Petition for Divorce is filed the discovery period begins.
The parties exchange any documents and information relevant to the
case. The scope of discovery is very broad and the parties are
expected to cooperate.
4. Negotiations
The parties, through their attorneys, engage in conversations
regarding the terms of the divorce. They may be informal, or they
can be done through
mediation
or other collaborative law procedures.
5. Final Hearing
If the parties cannot agree to all the terms of the divorce, there
will be a trial, referred to also as a final hearing. At the final
hearing the witnesses are heard and evidence is introduced. The
judge, and in some cases a jury, will decide the issues. The judge
grants the divorce and one of the parties prepares a Final Order or
Divorce Decree reflecting the disposition of the issues.
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