The Texas Divorce Process is Unique to Every Family
The two main pieces of Texas divorce cases are issues involving children and property. Because a divorce with child custody and property issues can be stressful and challenging, Mark Scroggins and his team of trial attorneys and paralegals create a strategy that fits you and your family. As a result, you can rest assured that your goals and priorities are our focus.
Above all, the future of your family is at stake. The tone of a divorce with children and custody issues can set the stage for how you and your family work together and communicate in the future.
While many divorces start with two parties agreeing to work together towards resolution, along the way there can be breakdowns of goodwill and the case can get ugly. At Scroggins Law Group, the experience of an attorney like Mark, Board Certified in Family Law, is important when he and his team anticipate the unexpected in the Texas divorce process.
Listen to Mark Scroggins Describe the Texas Divorce Process in this Podcast
In this podcast, found in the blog section of our website, we highlight the important elements of divorce and family law cases involving child custody and property issues to help you understand what to expect when you file for divorce or a case affecting child custody and visitation.
In case you missed it, use this link to hear Mark Scroggins talk about reasons people divorce.
Temporary Restraining Orders in Texas Divorces
In cases where parents fundamentally and strongly disagree on how to parent and foster the needs and best interest of children, temporary restraining orders may be involved at the beginning of your case. A temporary restraining order can be used to protect or preserve property. It can also be used to enforce the status quo with children and protect against disturbing children and inappropriately involving them in the divorce process.
In furtherance of the best interests of children, many counties like Dallas County, Collin County and Denton County use automatically applicable Standing Orders directing parties in a divorce or suit affecting a parent-child relationship to follow a standard set of rules during the matter, and covers most of the language you would expect to find in a restraining order. For example, see the Collin County Standing Orders, found online.
Ex Parte Protective Orders and the Process of Divorce in Texas
Protective orders are serious tools in a Texas divorce involving family violence. Ex Party, meaning without notice to the other party, if on your application for a protective order, the court finds there is a clear and present danger of family violence, it can issue a protective order. An ex parte protective order, valid for the period specified in the order, not to exceed 20 days, is for the protection of the applicant or member of the family household.
Because a protective order issue based on family violence prohibits an appointment of a parent as joint managing conservator, these matters must be taken very seriously. With questions about the specifics of protective orders, call Scroggins Law Group at (214) 469-3100 and call police if you are in immediate danger. See tips from the Dallas Police Department regarding protective orders.
Whether You May Need a Temporary Orders Hearing
The Texas divorce process allows for, but does not require a temporary order hearing to determine with whom the child will reside, and which party will pay for what during the divorce and custody case. As stated earlier, the two main issues in family law cases involve children and property.
As Mark Scroggins explains in this podcast recording, every county in Texas may create its own rules regarding the temporary order hearing procedures in the divorce process. For example, in Collin County you are limited to 20 minutes to present your case for the most important contested issues. It is important to work with your Dallas TX divorce lawyer to prepare for a temporary order hearing; the terms of the temporary order may carry over to the final order and decree.
Discovery Procedures in the Texas Divorce Process
When divorcing in Texas, each party may send the other a set of discovery request documents, seeking information and access to details about money, accounts, assets and liabilities. Discovery is also used to obtain detail about witnesses and experts expected to participate and offer testimony in your case. Moreover, discovery responses can be used to determine how other claims in your divorce petition may be handled. For example, Mark talks about some civil claims for money damages that can be included in a Texas divorce. Read more about the purpose and scope of discovery.
Mediation as an Alternative Dispute Resolution Tool in a Texas Divorce
The more issues you can resolve in mediation, the more resources you have for litigating the high priority items in your divorce strategy. As Mark explains in the podcast, choosing a good mediator is also as important as hiring the best divorce lawyer.
See also, Five Huge Benefits of Choosing Mediation.
Mediation, ordered by the court, is used to find compromise and a meeting of the mind on issues and the agreements can be incorporated into the parties? mediated settlement agreement. If there are remaining contested issues not settled by agreement, those matters can be determined at a final trial.
Arbitration is another alternative dispute resolution process that can be used in a Texas divorce with custody issues and property disputes.
Final Trials and Jury Trials in Texas Divorce and Family Cases Involving Child Custody Disputes
After the temporary order hearing, discovery, mediation and other stages and processes that may be involved in a divorce or family law case, the remaining and still contested issues can be determined at final trial. A final trial in the Texas divorce process may be a bench trial before a judge or a jury can be used to make certain determinations. While a jury may make certain determinations, there are limits on what a jury may decide and what must be ordered by the judge.
Scroggins Law Group is Focused on Strategy in Challenging Texas Divorces
Mark L. Scroggins and his team at Scroggins Law Group have all the tools and experience necessary to create a custom strategy for your Texas divorce process. Mark L. Scroggins is Board Certified in Family Law by the Texas Board of Legal Specialization. Serving families in Dallas County, Denton County and in Collin County, Scroggins Law Group divorce lawyers are ready to help you. Call to schedule a confidential consultation by dialing (214) 469-3100. Thank you for listening to this podcast about the Texas Divorce Process with Mark L. Scroggins.
*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
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