Family matters can be emotionally devastating and exhausting; things often get very personal. The But, contrary to popular understanding, some family matters can also be fun and fulfilling. For example, adopting a child is fun and rewarding for couples or individuals wishing to inspire another person’s life.
Most family law cases fall into two categories: divorces and suits affecting the parent child relationship. A divorce in Texas can be filed by either party as long as one of the parties has lived in Texas for at least 6 months and living in the county of filing for at least 90 days. Once the petition for divorce is filed, Texas requires a 60 day waiting period before the divorce can be finalized. Parties must also conduct mediation in most courts prior to attending any hearings. Mediation is a negotiation process with a neutral third party, usually a licensed attorney or retired judge or attorney, in which parties will have an opportunity to settle their case without the requirement of a hearing or trial. This process is beneficial because it gives clients an opportunity to control their own destiny without putting their fate in the hands of a judge or jury. If one cannot settle in mediation, there is always the opportunity to go to court. However, if parties settle in mediation, their agreement is binding and final.
Sometimes, parties need to know certain things prior to the end of 60 days waiting period. For example, who gets to use the bank accounts while the case is pending? Who gets to live in the marital home? If children are involved, who gets custody? How much child support will need to be paid by the possessory parent (known as the possessory conservator) to the managing parent (managing conservator)? What type of visitations will the possessory parent get? etc. In these situations, a temporary orders hearing will be conducted usually within a couple of weeks of filing to determine these issues by the judge. Mediation may be required prior to the temporary orders hearing also, but parties can settle for final if they choose to do so to avoid an additional mediation.
The process for a suit affecting the parent child relationship is very similar to a divorce, the main difference is the 60 days waiting period does not apply.
It is important to have a caring family lawyer who understands the different emotions involved to better assist you with every step of the process in a family law matter. Also, your divorce attorney needs to be aggressive and not afraid to zealously fight for your rights if the situation requires. Further, we know that lawsuits including divorce and custody cases can get very expensive, so a competitive attorney in North Houston (Woodlands, Spring, Tomball area) with competitive rates is a must. We handle most family law cases including wills and trusts. Besides English, we also speak Spanish, Farsi (Persian), and Kurdish.
Divorce is rarely easy, with issues regarding your children to dividing up assets, it can be a difficult and very distressing time for all involved.