Chapter 6.603 covers TX Collaborative Law.
Thursday, September 10, 2009
Alternative Dispute Resolution
Chapter 6 - Subchapter G of the TX Family Code covers ADR or mediation.
Many counties will not allow a case to go to trial until the parties have attempted ADR.
Some courts require mediation BEFORE they will hear a temporary order hearing.
Many counties will not allow a case to go to trial until the parties have attempted ADR.
Some courts require mediation BEFORE they will hear a temporary order hearing.
What are temporary orders?
Temporary orders attempt to balance the rights of the parties with respect to temporary restraining orders, temporary injunctions and other orders.
For example, wife makes $1million a year. Husband is disabled and unable to work. Wife controls all the money. Wife could be ordered to support Husband during the divorce and pay his attorney fees.
Most courts want to make sure that assets are protected and debts paid during the divorce process. Most people's biggest asset is their home. The courts don't want the home to go into foreclosure. Therefore, a spouse could be ordered to make the payments during the divorce process.
The FINAL DECREE OF DIVORCE settles the property division. The temporary orders are just "band-aid" orders. They are not designed to "settle" disputes. They are designed to make sure the parties do not end up homeless or unable to afford necessities such as electricity and medication.
For example, wife makes $1million a year. Husband is disabled and unable to work. Wife controls all the money. Wife could be ordered to support Husband during the divorce and pay his attorney fees.
Most courts want to make sure that assets are protected and debts paid during the divorce process. Most people's biggest asset is their home. The courts don't want the home to go into foreclosure. Therefore, a spouse could be ordered to make the payments during the divorce process.
The FINAL DECREE OF DIVORCE settles the property division. The temporary orders are just "band-aid" orders. They are not designed to "settle" disputes. They are designed to make sure the parties do not end up homeless or unable to afford necessities such as electricity and medication.
What is a publication divorce?
Basically, you cannot locate your spouse. You want a divorce. You can file a request for the court to allow you to do a "publication" divorce. It slows down the divorce process. You must do it exactly correctly or it won't work.
Now with the internet, most courts require that you make a detailed search. Many courts will appoint an attorney to find the spouse. YOU get to pay for their time and costs -- start at $500 to $2,000.
It saves you much and time to locate your spouse!
Now with the internet, most courts require that you make a detailed search. Many courts will appoint an attorney to find the spouse. YOU get to pay for their time and costs -- start at $500 to $2,000.
It saves you much and time to locate your spouse!
What are the names of some of the pleadings in a divorce?
1. PETITION --is filed to start the clock ticking. It can be a very short document (2 pages) that do not include any identifying information (such as social security numbers, date of birth or TX driver's license number).
2. A WAIVER OF SERVICE - everyone has the right to know that they are being sued. In order for this to be done, a person approved by the court to "serve" papers on the opposing party must hand the papers to the person then file a notarized affidavit with the court.'
In lieu of service, the party can file a WAIVER OF SERVICE that basically states they know of the pending lawsuit (aka divorce) and they don't want to be served with legal papers.
3. FINAL DECREE OF DIVORCE - At the end of the case, a legal document is prepared for the judge to sign. It states how things will be divided by the parties.
4. In Texas a form known as a BVS FORM needs to be completed and submitted at the same time the FINAL DECREE is submitted to the Court.
The court sends it to Austin, Texas. Before Texas started doing this, it was difficult to determine if people were divorced. They would need to search county by county. Now they just have to file some paperwork and pay a small fee to see if they are divorced.
2. A WAIVER OF SERVICE - everyone has the right to know that they are being sued. In order for this to be done, a person approved by the court to "serve" papers on the opposing party must hand the papers to the person then file a notarized affidavit with the court.'
In lieu of service, the party can file a WAIVER OF SERVICE that basically states they know of the pending lawsuit (aka divorce) and they don't want to be served with legal papers.
3. FINAL DECREE OF DIVORCE - At the end of the case, a legal document is prepared for the judge to sign. It states how things will be divided by the parties.
4. In Texas a form known as a BVS FORM needs to be completed and submitted at the same time the FINAL DECREE is submitted to the Court.
The court sends it to Austin, Texas. Before Texas started doing this, it was difficult to determine if people were divorced. They would need to search county by county. Now they just have to file some paperwork and pay a small fee to see if they are divorced.
Do I have to go to court to get a divorce?
Yes. Even if everything is agreed, one of the parties MUST appear before the court and under oath swear to a series of statements such as state your full legal name, this decree is just and fair, and judge please sign this decree.
There are ways to do this if the person is stationed overseas in the military.
Then you do a notarized statement that is read into the court record.
IF AN ATTORNEY SAYS YOU NEVER NEED TO GO TO COURT, in the State of Texas, this is untrue.
If you don't appear and "prove up the divorce" eventually the Court will dismiss your pending lawsuit (aka divorce) and you will still be married!
There are ways to do this if the person is stationed overseas in the military.
Then you do a notarized statement that is read into the court record.
IF AN ATTORNEY SAYS YOU NEVER NEED TO GO TO COURT, in the State of Texas, this is untrue.
If you don't appear and "prove up the divorce" eventually the Court will dismiss your pending lawsuit (aka divorce) and you will still be married!
Residency requirments to divorce in Texas
In order for a TX court to grant a divorce either the petitioner or respondent must have lived in Texas for the preceding 6 months AND been a resident of the county where the suit is filed for at least 90 days.
So, once you file for divorce, you can move.
I've had people take jobs out of state and come back after the 60 day waiting period and appear in front of the judge under oath and ask for a divorce.
So, once you file for divorce, you can move.
I've had people take jobs out of state and come back after the 60 day waiting period and appear in front of the judge under oath and ask for a divorce.
Grounds for Annulment
Grounds for annulment are limited in Texas.
See Chapter 6 - Subchapter B - Grounds for Annulment in the TX Family Code.
Here are some of the reasons: a. underage marriage -- but that goes away the moment the underage person turns 18!!; b. under the influence of alcohol or narcotics -- so you did not mean to get married -- the famous "Las Vegas" marriages. But if you stay then this option goes away & you just need a divorce; c. Impotency; d. mental incapacity; e. fraud, duress or force; f. concealed divorce; g. marriage occurred less than 72 hours after issuance of license.
Sometimes it's just easier to file for divorce.
So if you were sober and married 80 hours after the marriage license was issued and you went on your honeymoon and discovered that your spouse was a "jerk", annulment won't work. Being "stupid" is not enough to get an annulment.
In practicing law for over 18 years, I've done 3 annulments!
See Chapter 6 - Subchapter B - Grounds for Annulment in the TX Family Code.
Here are some of the reasons: a. underage marriage -- but that goes away the moment the underage person turns 18!!; b. under the influence of alcohol or narcotics -- so you did not mean to get married -- the famous "Las Vegas" marriages. But if you stay then this option goes away & you just need a divorce; c. Impotency; d. mental incapacity; e. fraud, duress or force; f. concealed divorce; g. marriage occurred less than 72 hours after issuance of license.
Sometimes it's just easier to file for divorce.
So if you were sober and married 80 hours after the marriage license was issued and you went on your honeymoon and discovered that your spouse was a "jerk", annulment won't work. Being "stupid" is not enough to get an annulment.
In practicing law for over 18 years, I've done 3 annulments!
If I leave our home am I "abandoning" all my rights?
No!!
You are not required to stay in a place that is dangerous.
I once had a man that wanted me to make his wife come home so that he "discipline" (aka -- beat her up!) one more time. FYI: She did not go back.
You are not required to stay in a place that is dangerous.
I once had a man that wanted me to make his wife come home so that he "discipline" (aka -- beat her up!) one more time. FYI: She did not go back.
Grounds for divorce in Texas
Some grounds for divorce are:
cruelty, adultery, convication of a felony, abandonment, living a part, and confinement in mental hospital.
cruelty, adultery, convication of a felony, abandonment, living a part, and confinement in mental hospital.
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