Filing For Divorce ● Understanding Divorce Law ●

Ask Divorce Lawyer Greg Enos ● Child Custody Attorney

People facing divorce usually have a lot of questions about the process – especially if their divorce will be contested. At the Enos Law Firm, we give clients as much information as possible about the divorce process. Family law attorney Greg Enos knows this is a confusing and emotional time for all those involved. He answers your questions fully and completely, because the more you know, the better you can make informed decisions about your case.

When you have questions about divorce, contact the family law firm that understands –The Enos Law Firm of Houston and Galveston, Texas

The Divorce Process - Contested Divorces

What are the grounds for divorce?
Texas is a no-fault divorce state, meaning people can get divorced simply because discord or personality conflicts have destroyed the marriage. Other grounds for divorce in Texas include cruelty, adultery, a felony conviction, abandonment, or commitment to a mental institution.

Should I be the first to file for divorce?
Rushing to file for divorce might defeat efforts to reconcile. On the other hand, there are some tactical advantages to being the petitioner who usually goes first in hearings and at trial. The spouse who files first may get to choose the county where the suit will be heard. If a divorce seems likely, it is best to consult a lawyer to discuss whether and when you should file for divorce.

Where will my divorce suit be filed?
A divorce petition may be filed in any county in which the husband or wife has resided for 90 days before suit is filed. One of the spouses must have lived in Texas for six months before suit is filed. If a divorce petition is filed in the wrong county, the respondent must file a motion to transfer venue before filing any other legal pleading.

What happens when a divorce petition is filed?
The divorce petition will be filed with the county’s district clerk along with a filing fee. It costs around $190 to file a divorce petition (the actual amount varies from county to county). An additional $8 is added if a spouse is going to be served with the divorce petition and $16 if a temporary restraining order (TRO) is also to be served. The district clerk will assign a unique cause number to the case. If you call or send papers to the court, you will need to know your case's cause number (such as "98-23405"). The clerk will randomly assign the case to one of the county's Family Law Courts. Harris   County has nine Family Law Courts. Galveston County has four Family Law Courts.

If the lawyer filing the suit also asks for temporary restraining orders, he or she will go to the court to get the orders signed by the judge. TROs are emergency injunctions issued without a hearing that last seven days (and can be extended another week). In divorce cases, there is a standard TRO which forbids a party from threatening or harassing the other spouse and limits the party's ability to spend or hide money.

If the other party needs to be served with the divorce petition and TRO (if any), it will cost $50 or more for the attorney to pay a private process server or constable to serve the papers.

How will my spouse get served with the divorce suit?
Texas law allows lawsuit papers to be served by a sheriff's deputy, constable's office or by a private process server. Your spouse will be found and handed the divorce petition and the notice of the suit (called a citation), as well as official notices of any TROs and the hearing on temporary orders.

What do I do if I get served with divorce papers?
Read the papers carefully and note any court dates. Understand and obey any TROs you get served with. Immediately start your search for a divorce lawyer to represent you. There is a deadline to file an answer to the divorce suit – the next Monday following 20 days from the date you were served.

When will we go to court?
Usually, your first court appearance will be a hearing on temporary orders, which is also called a "show cause hearing." What happens at a hearing on temporary orders? If the parties cannot agree, a judge will decide how the parties are to live while the divorce is pending. An associate judge usually conducts these hearings and decides:

• Who gets to live in the family home
• Who gets exclusive use of various property (like cars)
• Whether temporary spousal support will be paid
• Temporary custody arrangements and visitation schedules
• Temporary child support
• Which spouse will be responsible for bills and debts
• Temporary injunctions

Each spouse must fill out a financial information sheet that summarizes expenses, income and sources of ready cash at or before the hearing and is supposed to have his or her last two pay stubs and income tax returns for the last two years.

The attorneys will usually talk before a hearing to see how many issues they can agree on. Testimony of witnesses and evidence are presented at these hearings, which can last from 30 minutes to several hours. Some courts place tight limits on how long such hearings can last. The associate judge's rulings will be incorporated into temporary orders prepared by the attorneys, unless one side appeals to the presiding judge within three days.

What is the next step in a divorce lawsuit?
The next phase of a divorce lawsuit involves “discovery.” Each party works to discover as much as possible about the available property and about the other side's case. This is done by way of disclosures of pertinent information, written questions called interrogatories, requests for production of documents, depositions (where sworn testimony is taken before a court reporter in a lawyer's office), and sometimes by inspection of land or business records by accountants or appraisers. Both sides will file sworn inventories, which list all of the couple's assets and debts. All during the discovery process, both sides are usually working to reach a settlement of the case.

How long will it take me to get divorced?
It depends on how quickly both sides can reach a settlement. If the spouses cannot agree and trial is necessary, it can take months or even over a year to get to trial. Most courts require the parties to try mediation before they are set for trial. Trial settings often get postponed. The result of a trial can be appealed if one side is willing to pay for it. Appeal can drag things out for many months or years.

Why settle out of court?
The vast majority of divorce cases settle before trial starts. Reasons why most divorcing couples end up agreeing on a settlement include:

• Uncertainty of trial: There is no way to know how a trial will turn out. A settlement is for sure.
• Financial cost: Your attorney will be paid by the hour, even if you lose.
• Emotional cost: A divorce battle will take a lot out of you. If kids are involved, a fight will usually adversely affect them.
• Time: The courts are crowded and it takes months, sometimes years to actually get to trial. A settlement can get you divorced now and let you both get on with your lives.

How does a family law case get settled?
Fortunately, most family law cases are settled before trial. Otherwise, the judges would be overwhelmed. Settlement occurs when the parties (and their lawyers) communicate, negotiate and reach an agreement that usually neither side loves but both sides can live with. Often, people settle lawsuits because they are unsure how a trial will turn out or cannot afford the financial or emotional costs of litigation.

Sometimes a lawyer will advise a client not to settle a divorce case because not enough is known about the couple's finances.

Experienced family law attorneys will discuss settlement with the other side throughout the case and will prepare a detailed, written settlement offer. The client should approve all settlement offers before they are made and should be informed of any offer that is received.

What is mediation?
Mediation is a formal settlement session in which a neutral person trained in dispute resolution meets with the parties and gets them to talk about the case and their differences. In many family law mediations, especially in Galveston County, the attorneys do not attend. Often, mediations are conducted in two or more sessions that each last several hours.

Should I agree to, or suggest, mediation?
In most cases, the judge will order mediation before your case is allowed to go to trial. Agreeing to mediation or suggesting it is common sense. It is not a sign of weakness.

What happens if the case does not settle?
If a divorce case is not resolved by settlement, the only other ways it can end is by dismissal or by trial. Most divorce trials are presented just to the judge, but either party can request a trial by jury. In jury trials, the judge still decides how property will be divided and the terms and conditions of child custody and visitation. However, a jury can make binding decisions on how much property is worth, whether it is community property or separate and which parent should have primary custody of a child.

When you have questions about divorce, contact the family law firm that understands –The Enos Law Firm of Houston and Galveston , Texas.

The Enos Law Firm, P.C., represents clients with legal matters involving divorce, family law, and personal injury and death cases (including medical malpractice), in Harris County and Galveston County, Texas, including the communities of Houston, Galveston, Clear Lake, League City, and Texas City.

Major credit cards accepted.

Mediation services available if requested by attorneys.

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The Enos Law Firm, P.C.
Houston, Texas, Divorce Lawyer