In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we have discussed what you can do if you find yourself on the receiving end of a family lawsuit of any kind. Whether it is a divorce or child custody case you need to know what to do, how to do it and who can help you fulfill these responsibilities. We will continue along where we left off yesterday by discussing the middle stages of a divorce case once you have filed your Answer to your spouse’s Petition for Divorce.

The Temporary Restraining Order

A Temporary Restraining Order (TRO) looks like a scarier and more intimidating document than it really is. Words like “restraining” and “order” have connotations of being very, very important and they are to an extent. If you have a court order signed by a judge, you must follow its terms regardless of your feelings or the circumstances surrounding its issuance. You might be frustrated by the lack of opportunity to address the judge before the orders were signed. Typically, a Temporary Restraining Order (TRO) doesn’t necessitate the presence of both parties during its signing. Your spouse likely requested the TRO when filing for divorce. It means neither you nor your spouse were present when the judge signed the orders.

Understanding the Protective Measures of a TRO

A Temporary Restraining Order (TRO) aims to safeguard both you and your spouse from harmful actions by the other party. It prohibits actions such as removing your spouse from your health insurance plan, damaging their vehicle, restricting their access to their current residence, and incurring significant expenses on credit cards. Bank accounts shared with your spouse are typically frozen except for essential transactions and attorney fees. If you have children, you’ll also be barred from removing them from school or hiding them from your spouse.

It shouldn’t come as a surprise to you that a Temporary Restraining Order does not last forever. It can last for 14 days and then another 14 days if your spouse asks the court to extend them. Ideally you and your spouse will appear with your attorneys before the judge for a Temporary Orders hearing. It will result in additional temporary orders that will seek to govern your lives for the duration of your divorce.

Opting for Mediation Over Court Proceedings

Most ideally you and your spouse will have attended mediation rather than having to go see the judge. Mediation is an settlement negotiation process whereby you and your spouse mutually select a third party mediator to help you both settle any outstanding issues in your case. Typically you and your attorneys will go to the mediator’s office and will be in one room while your spouse and their attorney will be in another. The mediator will bounce back and forth between your rooms like a ping pong ball in an attempt to help you all reach a settlement.

What are some less commonly considered, yet still important restrictions contained in many TROs?

I just laid out a few of the more important restrictions and prohibitions that are contained in TROs. However, there are a few more that I believe are important for you to be aware of due to their possibly having a role in your own divorce case.

-Withdrawing Money from a Retirement Plan

-Threatening the opposing party in person, on the phone, via text or via electronic mail

-Destroying property without the knowledge or permission of your spouse

-Removing your spouse as beneficiary on a life insurance policy you hold or removing them as an insured from your company provided health insurance plan

What if you don’t think that the court in Texas is legally able to bring you into the proceedings?

You may be questioning whether the family court in Texas, where your spouse filed for divorce, has jurisdiction over you. Does the court possess the authority to hear your case and make decisions on the divorce issues? Personal jurisdiction over both you and your spouse is necessary for the court.

Multiple methods exist to establish personal jurisdiction in a Texas divorce. If you reside in the county where the case was filed, jurisdiction is established. The term “domicile” is crucial, indicating that you must be living in that county with the intent to remain.

Do you maintain minimal contacts in Texas? Do you conduct frequent business in the state despite living elsewhere? Are visits to see your children and spouse common? These minimal contacts are significant factors that a court would consider if you contest jurisdiction due to a lack of personal jurisdiction over you.

Next, a court could look to whether or not you were personally served in Texas with the divorce lawsuit. If you were visiting friends or family here and were served then service was conducted properly. If your spouse tricked you into coming into Texas for the first time ever in order to serve you in-state then this would not be proper service and the Texas court’s personal jurisdiction over you probably would not be established.

The other way that the Texas court could establish personal jurisdiction over you would be for you to consent to that jurisdiction. Your consent will be assumed if you do not formally challenge it. If you file an Answer to the Petition for Divorce you are consenting to the court’s jurisdiction so you would need to file a motion to challenge jurisdiction as being improper prior to filing your Answer.

Do not ignore the Petition just because you don’t believe the court has jurisdiction

As I noted in yesterday’s blog post do not ignore a divorce Petition, no matter if you do not believe that your court has jurisdiction over you or not. Failing to respond to the Petition in any way will not result in a favorable outcome for you. In fact, it is best for you to hire an attorney in the jurisdiction where the divorce has filed. This is so a Special Appearance can be filed on your behalf. A Special Appearance will allow you to respond to the divorce lawsuit but not consent to the court having personal jurisdiction over you. This is not a straightforward document to file. So, it is advisable that you have an attorney to help you in this process.

At what point in the process do you actually get divorced?

This is valid question to ask. Some people assume that as soon as your spouse files for divorce from you that you are formally divorced. This is not legally correct, however. You will not be actually be divorced until the very end of your divorce case. It’s when a Final Decree of Divorce is signed by all the parties and the judge. You are quite a ways from that stage, however. At this stage, and until the signing of that document, you are officially married to your spouse whether your feel like you are or not.

Most divorce cases, for what it’s worth, last about four to six months. Some last longer if there are complicated issues involved. Other cases can last for a shorter length of time. Keep in mind that there is a sixty day waiting period that is a part of every divorce filed in Texas. This means from the date your divorce was filed the fastest you can get your divorced approved and completed is sixty one days after that date.

More information on divorce lawsuits will be provided in tomorrow’s blog post

If you are interested in learning more about the latter stages of divorce cases in Texas please head back to our blog tomorrow. In the meantime if you have any questions about your particular circumstances please do not hesitate to contact our office. We offer free of charge consultations six days a week with one of our licensed family law attorneys.

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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”

Other Articles you may be interested on regarding the default judgments include:

1. What does a Default Judgment Mean in a Texas Divorce?
2. What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited
3. What if My Ex Will Not Sign the Final Decree in My Texas Divorce?
4. I have been served with Divorce Papers – What do I do now in Texas?
5. How to Draft and File an Answer to a Texas Divorce – Free Downloadable Forms
6. 6 Tips – On How to prepare for a Texas Divorce
7. 6 Mistakes that can Destroy Your Texas Divorce Case
8. Waivers – To sign or not to sign? The answer is don’t do it!
9. Roadmap of Basic Divorce Procedure in Texas
10. What is mediation?

Frequently Asked Questions

Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer

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 ar Spring, TX Divorce Lawyer right away to protect your rights.

A divorce lawyer in Spring TX is 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 Spring, Texas, Cypress, Spring, 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.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.