Divorce can be frustrating, confusing, and resentful. Divorce is never a pleasant experience even in the most amicable terms. It is important to know what you are in for when a divorce is filed. An original petition will be filed, and your spouse must be served with a process server.
After service of the original petition, the Petitioner may file for a Temporary Restraining Order (“TRO”) to protect the child and marital estate. Once a TRO is granted by the District Judge, a temporary order hearing will be set within 14 days. This temporary order hearing is extremely important and will determine the direction of the case.
Temporary Order hearings are usually condensed to 20 minutes a side depending on the complexities of the case. Within this 20 minutes, you will have to put on evidence for your entire case regarding custody of the children, management of the marital estate, and any other considerations such as receivership of a business.
After the temporary orders hearing, the case will dive into full throttle litigation. Discovery on both sides is usually conducted including interrogatories, admissions, and production of documentations. The documents that are usually requested consists of bank statements, retirement pensions, social media pages, text messages, and emails. Each case requires specific Discovery requests that are narrowly tailored to the facts presented. Discovery can last months and usually follow with motions to compel and sanctions. In highly contested cases the rigors of discovery and compiling documentation can be brutal.
During the Discovery phase, Depositions may be warranted. Depositions consists of your attorney questioning your spouse and any other witnesses that are relevant to the case for impeachment purposes. Depositions are necessary if the case will go to a jury, because impeachment of your spouse is a necessity to prove your truthfulness.
Mediation is, more often than not, mandatory in Courts, but this is the general rule. Certain Courts in the Dallas, Fort Worth, and Collin county do not require mandatory mediation. Each Court has its own rules of procedure and requirements. If the Mediation fails to produce a settlement between you and your spouse, then the only thing left is trial.
Depending on the complexities of the case and assets, a trial can last half a day or be a three-day trial. Most trials are before the District Judge. Certain facts may give rise to a jury trial but a jury trial is more costly and can take up more time. After the trial is complete the parties will have to wait for a ruling. This can take days to months depending on the case and jurisdiction.
When the final ruling is given to all parties, the Judge will charge one party to create a final order that will be submitted to the Court. This can give rise to more litigation depending on the interpretation of the Judge’s rulings by both parties. Finally, when both parties agree to a final order or the Judge determines which version of the final order is proper, then the case will be over.
Divorce can be a painful process that lasts 6 months to three years depending on the circumstances and the nature of the parties involved. If you are about to file for a Divorce in the DFW metroplex call Nacol Law Firm so that you have an experienced family law attorney to represent your interests throughout the process.
Dallas Fathers Rights Divorce Attorney
Nacol Law Firm PC
“Mediation” is a process to aid parties in finding a fair and equitable settlement of disputes without unnecessary court intervention. Most Texas district and county courts require pretrial mediation for a variety of cases in order to help the parties resolve their problems while avoiding extensive court procedures and expenses
Mediation is a process in which the parties, under the guidance of a Mediator, agree upon a legally binding settlement the disputes in issue without a trial. Meditation can take many forms and the process may produce creative solutions without the direct rulings of the court. Courts usually encourage the opposing lawyers to first mediate a dispute and if no progress is made then continue the normal judicial process.
The Mediator that helps bring both sides to an agreement usually is a lawyer, ex-judge, or other specialist who has experience or expert training in the specific areas related to the dispute. A Mediator fees may range anywhere from $160-$500 dollars an hour depending on the case and the complexity of the issues in dispute. Mediators attempt to work with each side to find a reasonable middle ground to which a fair agreement can be structured.
An experienced lawyer is a valuable tool to advance favorable terms of any agreement during a mediation. During a mediation a Mediator will likely place the parties into separate “Caucus” areas, splitting the parties into different rooms to negotiate individually with each party to understand the positions and interests. Once the Mediator has talked to each party he will attempt to discover a common grounds that will fairly or smoothly serve both parties’ interests. If an agreement is reached that neither side is overly happy about, it is often likely that a reasonable compromise has been reached.
The important point of a mediation is to express your concerns and attempt to reach a compromise that is mutually acceptable, smart and fair to both sides. Many courts support this type of dispute resolution because it frees up the courts dockets and allow the parties to consider compromise first without involving the courts. Mediation maybe a cost saver, as the dollars you spend on an attorney for trial can be reduced significantly if a compromise is reached.
Make sure you have an attorney who is experienced in the Mediation process and knows how to craft a smart, fair deal which will result in significant cost savings.