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DIVORCE
SERVICES PROVIDED BY OUR OFFICE
In order
to give our clients the best possible services in connection
with divorce proceedings, we offer this informational packet for
you to keep, even if you choose to employ other counsel. Our goal
is to provide inexpensive, competent legal representation during
the entire divorce proceeding. In order to provide competent legal
representation, we must have the full cooperation and understanding
of our clients. Please review this information thoroughly and,
if you have any questions, please feel free to ask any member of
our
staff. If we are unable to answer your question immediately, we
will research the answer and get back to you as soon as possible.
We require all clients to sign an employment contract before we will
file any paperwork on their behalf. This is to protect the client
and attorney. Read this contract thoroughly. It is a legal, binding
contract and we abide by it throughout the entire proceeding.
WHO
CAN FILE?
WHY FILE?
WHEN SHOULD YOU FILE?
WHAT ARE THE PROCEDURES FOR FILING FOR DIVORCE?
WHAT IF MY SPOUSE DOES NOT SIGN?
WHAT IF MY SPOUSE BECOMES VIOLENT?
WHAT ABOUT MY CHILDREN?
CAN I DATE?
PLEASE BE HONEST
Who can file?
Either spouse may file the initial divorce proceedings. It does not
give either party an advantage to file and be named as Petitioner
or Respondent. Regardless of which spouse files, one spouse must,
at the time the petition is filed, have been a resident of the State
of Texas for six months and a resident of the county in which the
divorce is filed for at least ninety days. There is no waiver of
this residency requirement. There are, however, special exceptions
for residents of this state who are stationed overseas.
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Why file?
When a married couple cannot resolve their differences, either
party may file for divorce. Under certain circumstances, specific "grounds" for
divorce may be brought up in the petition. Under all circumstances,
the petition for divorce will state, basically, that the parties cannot
resolve their differences and reconciliation is not possible ("No-Fault").
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When should you file?
As long as the residency requirements as stated above are met,
either party may file when he or she believes that the differences
with
his or her spouse are beyond reconciliation. Think this matter
through thoroughly. It is a very important decision and should
not be taken
lightly.
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What are the procedures for filing for divorce?
- After
you have signed an employment contract, we will ask you to complete
an information packet. We need very specific information
on you, your
spouse, your marriage, employment, automobiles, personal property,
debts and children. Every item of information has a significance.
It is important that this information packet be as complete
as possible.
- After this paperwork has
been completed and payment terms have been established, we will
file an Original Petition
for Divorce
with
the District Clerk in the county in which you reside.
Once this petition
is filed, there is a mandatory 60-day waiting period before
the Court can hear the case.
- Once your account is paid in full, we will prepare the papers
for you and your spouse to sign in accordance with your
information packet, which represents your agreement.
You will receive
a telephone call
to pick up the paperwork for you and your spouse to
sign from our
office within seven (7) days from the date of your final
payment. THESE DOCUMENTS MUST BE SIGNED IN THE PRESENCE
OF A NOTARY
PUBLIC, MAKING SURE THE NOTARY PUBLIC SIGNS, SEALS AND
COMPLETES THE ACKNOWLEDGMENT.
- Our office can only represent one spouse in a divorce
proceeding, even if there is an agreement. This does
not mean that the
other spouse must obtain an attorney. It does mean
that no one from
our office
is able to notarize your spouse's signature. It also
means that, under no circumstances can we discuss
the case with
your spouse.
THIS IS
UNETHICAL AND CAN RESULT IN DISCIPLINARY ACTION BY
THE STATE BAR OF TEXAS AGAINST THE ATTORNEY. If your spouse
has specific
questions,
you may contact our office and we will answer YOUR
questions.
This also holds true for answering any questions from
anyone besides yourself.
We cannot and will not do this without your written
consent.
- After your spouse has signed the paperwork, bring
it back to our office and we will file the Waiver
with
the Court
and schedule
the hearing
date at that time. Remember, the final hearing cannot
be scheduled until the 60-day waiting period has
expired. We
try to schedule
the final hearing for the first date available after
the expiration of
the 60-day waiting period; however, sometimes there
is a conflict with the Court or attorney's schedule
and it may
take longer.
If there are specific dates you CANNOT make, please
let the office know in
writing immediately. It is time-consuming and costly
to change a
court date.
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What if my spouse does not sign?
If your spouse threatens you and/or attempts to
physically hurt you or your children, we can request
that the
Court issue restraining
order restricting your spouse from the behavior.
This is costly in
both Court fees and attorney fees; however, it
may assist you in gaining more cooperation from local
law enforcement
agencies.
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What about my children?
Our office refuses to allow parents to use their
children as leverage to retaliate against the
other party.
Our goal, which is the same
as the Court's, when there are children involved
is to protect the best interest of the children.
We have
in the past and
will continue
to refuse to represent anyone who chooses to ignore
the best interests of the children. Generally,
the Courts hold
that
children belong
with the mother; however, they have become more
liberal in their thinking
and realize that fathers can be excellent single
parents. Hopefully, you and your spouse have already
come to
an amicable agreement
as to conservatorship and support of the children.
Texas law now presumes that naming both parents
Joint Managing Conservators is in the best interests
of
children. This
does not mean equal time
between the parents, but that important decisions
are best shared between both parents. One parent
will have
the exclusive
right
to determine where the child primarily resides
and that parent is the
one who will receive child support payments.
The Courts require that the Non-Primary Custodial Parent pay child
support based upon his/her net income. The standards established by
the State of Texas are set out in your information packet. It is the
responsibility of the Primary Custodian to enforce the Decree if child
support payments are not made. If the Non-Primary Custodial Parent
does not pay the child support as ordered, the Primary Custodian must
initiate another separate court action with the Court to enforce the
Decree. An order of no support is rarely acceptable by the Court.
IF YOU DO NOT PAY COURT-ORDERED CHILD SUPPORT, YOU MAY GO TO JAIL!
IF YOU REFUSE TO ALLOW VISITATION PURSUANT TO A COURT ORDER, YOU MAY
GO TO JAIL OR LOSE CUSTODY OF YOUR CHILDREN!
Visitation is generally the standard visitation as established by
the State of Texas, unless there are unusual circumstances. A copy
of the Standard Possession Order can be obtained from this firm at
your request.
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What if my spouse becomes violent?
If your spouse threatens you and/or attempts to physically hurt you
or your children, we can request that the Court issue restraining
order restricting your spouse from the behavior. This is costly in
both Court fees and attorney fees; however, it may assist you in gaining
more cooperation from local law enforcement agencies.
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Can I date?
DON'T DO IT!!! Under Texas law, you are married to your spouse until
your divorce is final. The Court may take adultery into consideration
when dividing your property. Even more importantly, however, if
there are children involved, whether or not you have committed adultery
may be a factor the Court considers in determining which parent
will have custody of your children. It just is not worth it to take
the chance. If this has already occurred, make sure that your attorney
knows this in advance.
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Please be honest!
It is vitally important that we know all the facts surrounding your
case, especially if it is contested. Your honesty with us is absolutely
necessary; without it, we cannot prepare an adequate case for you
in court if contested. Anything you tell us is confidential and cannot
be revealed to anyone, with one exception. If you give us a reason
to believe that you have abused your children, we are now under a
duty to report you to the Department of Protective and Regulatory
Services. This is not our choice, however, we are subject to criminal
penalties for failure to report.
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