The Divorce Process
One party must start the process.
The party that files first is the Petitioner and will file a Petition for Divorce. The Petition for Divorce outlines the relief that is requested from the Court. A petition can be very plain or it can contain very specific allegations and requests. Petitions can be amended prior to final trial.
The petitioner can also request a Temporary Restraining Order and schedule a hearing for Temporary Orders. The purpose of a Temporary Orders hearing is to ask for relief and to obtain a court order while the case in pending. Temporary Orders are not always necessary and can always be done by agreement.
At a Temporary Orders hearing, the following issues can be addressed:
- Temporary legal custody and visitation of minor children.
- Child support and health insurance.
- Temporary award of property.
- Temporary payment of debts.
- Temporary spousal support.
- Preparation of Inventories or attending Mediation.
- Request for an Injunction.
- Request for attorney’s fees.
While the divorce is pending the parties will likely conduct Discovery, to obtain names of witnesses, production of documents and other items of evidence from the other party.
“I feel that anyone who does not sign on with Mark is making a mistake.” J.C.
In custody cases, it is common for an Amicus Attorney to be appointed to represent the best interest of the children. A social study can also be conducted, which will evaluate the parties and make a recommendation as to custody and visitation.
Most cases do not go to trial. Most cases are settled through negotiations or by the parties reaching an agreement. A good attorney will help you reach an agreement when doing so is in your best interest and a good attorney will take your case to trial if an agreement is not possible.
I am not afraid of taking your case to trial if necessary.
When you retain me as your attorney in your divorce, I will:
- Listen to your situation and inform you of the options available (uncontested vs. contested).
- Answer your questions.
- Prepare and file the appropriate paperwork in the appropriate county.
- Obtain a Temporary Restraining Order and set a hearing for Temporary Orders if necessary.
- Arrange for service, or obtain a waiver if possible.
- Negotiate an agreement or prepare for hearings/trial.
- Conduct discovery and prepare an inventory so that you can make an informed decision about property division.
- Have representatives appointed to represent the best interest of the children.
- Prepare all court orders and other documents accurately and in a timely manner.
- Make sure all child support and retirement documents are provided to the proper authorities.
Above all, I will do everything in my power to protect your legal rights and resolve your case in an appropriate manner, without unnecessary expense or delay.
San Antonio Spousal Support Law Firm
Call me toll-free at 888-548-1421 for an initial consultation or contact me, a Texas child support attorney, online. I can help you through this — we will work together to find a solution that works for you.
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