Contested and Uncontested Divorce
In Texas, on the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
When deciding where to file a suit for divorce, a party must have lived in the state for the preceding six-month period and the county in which the suit is file for the preceding 90-day period. Krieger & Tillinger practices family and divorce law extensively in Harris, Galveston, Brazoria and Chambers County. All of the counties are different and many of the courts have different operating procedures, even within the same county.
To begin a suit for divorce, a party must file a Petition for Divorce. In most cases, to move forward, the opposing spouse must be personally served with citation. However, an opposing spouse may waive the issuance or service of citation after the suit is filed by signing a waiver in the presence of a notary acknowledging receipt of a copy of the filed petition. Generally speaking, waivers are utilized in “non-contested” or uncontested divorce cases.
Once a party is served with notice – either with personal service or by executing a waiver of service – the next step will depend on whether the case is contested or non-contested. If the case is non-contested, the parties can work towards an Agreed Decree of Divorce. Regardless of whether the case proceeds as contested or non-contested, a divorce cannot be finalized until the requisite “waiting period” of 61 days has passed since the filing of the suit.
Following the contested route, the initial hearing will be for temporary orders. The route by which a hearing for temporary orders is obtained is through the filing of a temporary restraining order. After the filing of a suit for dissolution of a marriage, on the motion of a party or on the court’s own motion, the court may grant a temporary restraining order without notice to the adverse party for the preservation of the property and for the protection of the parties and the parties’ children as necessary. A temporary restraining order expires after 14 days, but can be extended once. Depending on the court’s availability, a temporary orders is typically held within 20-30 days from the initial filing of the suit.
At a temporary orders hearing, the court will hear the testimony and evidence of all parties. After hearing the evidence and argument of counsel, a Court may render an appropriate order for temporary use of property, payment of expenses, spousal support, interim attorney’s fees and orders for the conservatorship, possession and access of children, child support and payment of health insurance premiums. The court may also order certain documents be exchanged for the preservation of evidence and to expedite the case.
Prior to a final trial on the case, the court will require the parties to attend mediation. Mediation utilizes a neutral third party – typically a family law attorney who practices in the county where the case is filed – to assist parties to reach a compromise. The attorneys of Krieger & Tillinger diligently select a mediator based on the facts of the case. If the parties are unable to reach an agreement in mediation, the case will proceed to a final trial by judge or jury.
During your initial meeting with an attorney of Krieger & Tillinger, the attorney will “game plan” on how to proceed with your case based on your specific facts, existing property and whether or not children are involved. Keep in mind that cases do not typically follow a strict contested or non-contested track throughout. Instead, a divorce encompasses traits of both. Further, some cases will start out as non-contested and take more of a contested approach as the case progresses. Mediation is also a great tool for helping parties reach agreements, even without being required by a court.
Contact us today at (281) 486-8125 to schedule a consultation to meet with one of our experienced Galveston, Harris, and Brazoria Divorce attorneys to figure out how to proceed and what options are available to you.