In an effort to address many of the frequently asked questions that people just like you have asked me in divorce consultations, the Law Office of Bryan Fagan, PLLC is producing blog posts that are intended to provide answers to those questions. If you have not already done so I recommend that you go back and read the past two day’s posts that answer wide ranging questions from the cost of your divorce, to having to your spouse pay your attorney, to how long you divorce will likely take.
Today’s blog post will discuss what a temporary orders hearing is as well as how your community property will be divided upon the conclusion of your divorce. While your individual circumstance may not be addressed, we certainly hope that the information provided will help guide you towards peace of mind regarding whatever questions you may have.
My divorce papers told me that I have to go to a temporary orders hearing- What is that?
When your spouse files for divorce you become the responding party. Many times people in this position will come to our office for a consultation and will bring the paperwork that he or she has been served with. Along with the Original Petition for Divorce will often times be a Notice of Temporary Orders hearing that is upcoming.
Temporary Orders are basically rules that you and your spouse have to abide by during the course of your divorce case. They range from very basic things like not harming each other and not withdrawing your children from school or daycare without the other parent’s knowledge. Specific issues that are relevant to your family can also be requested of the court and granted on a temporary basis.
The court may grant certain requests initially made in the pleadings of your spouse but those orders will only last for fourteen days. After this time period your spouse will need to hold a hearing in order to have the judge make a more “permanent” ruling and to allow you an opportunity to present your own positions on those issues.
Even though the name of the hearing has the word “temporary” in it, your attorney will advise you to approach it with all the respect that you would a final trial. What occurs in a temporary orders tends to influence what could happen in a trial. Furthermore, this will be the first opportunity you have to make a favorable impression on your judge.
Most counties require that spouses attend mediation prior to a temporary orders hearing. Mediation is where the parties mutually agree to attempt to settle any issues in their case. Child custody and support payment of bills during the divorce and use of the marital home during the divorce are common sources of dispute for divorcing spouses.
If you and your spouse can settle these issues outside of court then the temporary orders hearing can be passed by the party that requested it in the first place. Most of the time you will not have to attend the temporary orders hearing because a settlement has been reached. The hearing was requested as a last resort in case a settlement did not occur.
Who gets what and why: Property division in a Texas divorce
Most people that come in to speak with one of our attorneys know that Texas is a community property state. He or she may not know what that means or how it can impact their case but they can tell the lawyer that Texas is a community property state.
The presumption in our state is that all income earned or property/debt acquired during the course of your marriage belongs not to either you or your spouse individually but to the “community”. This where the terms “community property” and “community estate” come from.
If the community estate must be divided by a judge, he or she will do so based on what they consider to be a “just and right” division based on the evidence provided in your trial. The sort of issues that we discussed yesterday that may have led to your divorce- infidelity, abusive behavior or similar bad acts- can help tip the scales towards you or your spouse in terms of awarding a greater than 50% share of what is determined to be a part of your community estate.
Separate property is all the property and debt that is left over after the community estate is established. To be named as the separate property of either you or your spouse the property must have been acquired prior to your marriage or inherited during your marriage. The other common way that a piece of property is determined to be separate property is to have received the property via a gift specifically to you or your spouse.
A Christmas gift of silverware is likely to be determined to be community property as your grandmother probably didn’t intend for just you to use the knives and forks. On the other hand, a piece of family land that was gifted to just your husband is likely to be found to be separate property if the gift was made with the intent to pass it along to only a blood-member of that family.
The Law Office of Bryan Fagan, PLLC: Representing clients across southeast Texas with professionalism and pride
Thank you for the opportunity to share some responses to frequently asked divorce questions. I had an easy time coming up with questions because our office meets with people so frequently to discuss their divorce case with no charge being owed by the potential client.
If you find yourself facing or a divorce or are considering filing for one please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. We would be honored to meet with you and to answer any questions that you may have about your divorce, child custody or other family law matter. As always, our consultations are free of charge and are available six days a week.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
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Other Articles you may be interested in:
- Answering Frequently Asked Questions about Texas Divorces: Part Two
- Answering Frequently Asked Questions about Texas Divorces
- Frequently Asked Questions Regarding Texas Annulment
- 10 Facts You Never Knew About Texas Annulment
- How an annulment is different than a divorce in Texas
- Frequently Asked Questions Regarding Common Law Marriage and Divorce
- Frequently Asked Questions Regarding Texas Marriage
- Frequently Asked Questions in Texas Divorce Cases
- 15 Myths About Divorce in Texas
- 9 Questions to Ask Yourself and the Divorce Lawyer Before You Hire Them
- Common Questions about Texas Prenuptial and Marital Agreements
- Should I sign a Texas Premarital or Prenuptial Agreement?
- My Fiancé wants me to sign a Texas Prenup. What should I do?
Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding Divorce, it's important to speak with one of our Houston, TX Child Divorce Lawyers right away to protect your rights.
Our Divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.