The Divorce Process
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Divorce Attorney in Houston, Texas
Once you decide the marriage is over, our divorce attorney in Houston, TX will begin the divorce process for you by filing an Original Petition for Filing a divorce in Houston, TX. Divorce on your behalf in the county in which you live. You must be a resident of that county for at least 90 days. The divorce petition identifies the spouses and sets out the relief the divorcing spouse is requested. The relief requested generally consists of child custody and visitation, child support, property division and a temporary restraining order. The petition gives the court a general idea of what the issues are and what the spouses want.
Temporary Restraining Order (TRO)
- no frivolous spending;
- no harassing communication between spouses;
- no hiding of children;
- no selling of property; and
- no discussing litigation with children
A TRO is “joint and mutual” meaning it applies to both spouse regardless of who filed first. Some counties in Texas will issue a TRO automatically once a divorce is filed. It is not a criminal offense to violate a TRO provision however, spouses who ignore or violate a TRO are subject to contempt of court.
Temporary Orders Hearing
Mediation is settlement process in which the spouses meet with a mediator, along with their attorneys, in an attempt to settle issues amicably. Most courts in Harris and surrounding counties require mediation prior to having a temporary orders hearing. Mediation is usually required again prior to trial. Read our blog post “Why Mediation is Better than Trial” for more information on the benefits of mediation.
The Discovery Process
Discovery is the formal process of gather information about the other spouse and their case. The information requested includes some of the following:
- financial information (retirement, 401K, investments and bank information)
- assets to be considered in property division (mortgage documents, cars, furniture, etc.)
- facts (what the spouse is alleging in the divorce)
- legal theories (on what basis does the spouse believe they should be granted relief)
Discovery is an important part of any contested divorce case in Texas however, spouse may agree to share information willingly to avoid this sometimes costly process.
Divorce Trial in Texas
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The divorce lawyers and staff at The Rudisel Law Firm, P.C. are skilled and prepared at every step of the divorce process. Mr. Rudisel is a Divorce Attorney in Houston, Texas who has successfully tried hundreds of cases to judges and juries with winning results in Harris and surrounding counties. It is our goal to settle your case with your goals and interests in mind however, we prepare every case as if it will be going to trial. Our staff being prepared means you do not have to worry.