2020 Texas Divorce: What Happens During the Divorce Process?
Divorce is frustrating, confusing, and personally 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 by one of the spouses (the petitioner). Then, the Respondent spouse must be served with papers by a process server unless they will agree to waiver service.
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 these 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 documentation. 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 often 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 a 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 or need help call the Nacol Law Firm, experienced family law attorneys to represent your best interests throughout this painful process.
Nacol Law Firm P.C.
Julian Nacol, Attorney
2020 Texas Holiday Visitation Schedule with your Children: Plan Now
Holidays 2020 Visitation with your child could be difficult since “Normal” life for families has changed greatly with the threat of the Covid19 Virus. Now is the time to review your Holiday Schedule for visitation with your children and we suggest you review the specific provisions of your order concerning this 2020 Holiday Visitation.
NOTICE: In Texas, March 13, 2020, the Texas Supreme Court issued an Covid19- Virus Emergency Order: divorced /single parents should go by the originally published school and visitation schedule in their current decree. This includes Holiday Visitation Schedules. The Counties of Dallas, Collin, and Denton also came out with standing orders regarding exchanges relating to possession and access to children considered “an essential activity’, shortly after the Texas Supreme court issued their Order.
The Holiday Visitation time is the most modified area in the Standard Possession Order.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.
Texas Family Law Code’s Standard Visitation Guidelines for Thanksgiving:
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; The Holiday schedule will always override the Thursday or Weekend schedules.
Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:
The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;
The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; The Holiday schedule will always override the Thursday or Weekend schedules.
The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair! Children need to have structure in their Holiday Visitation schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family. The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.
Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season and with the current Covid19 Virus Pandemic, the family situation. If you cannot reach an agreement regarding visitation or believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney. Time is short and Courts are already starting to overload with future visitation problems for the 2020 Holiday Season
The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad. This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family. Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.
Call Us. We Can Help!
NACOL LAW FIRM P.C. – Dallas Family Law Attorneys (972) 690-3333
October 2020: Domestic Violence Awareness Month
The year of 2020 has been one of great upheaval in the United State and the World with the rampant spread of the deadly Covid-19 Virus. The United States has also been dealing with much political upheaval, with Black Lives Matter, Police Brutality demonstrations, Women Rights Marches, and White Supremely Gatherings. Fake News is becoming the norm and our old way of life “Normal”, has been turned upside down.
I hear many people say,” When will we get back to our normal lives?” Maybe we never will, but there are certain inherent behaviors that must be respected and practiced with individuals, family members, and friends. Yes, current times are abnormal, but individual respect must stay the normal of the day, anytime and anywhere! Many people have used this uncertainty period as an excuse to forget about respect for others, especially with family. Family members are being used as scapegoats for all their life situations and problems. This brings us to the topic of Domestic Violence.
We will post some new and previous blogs on how to deal with Domestic Violence in family cases, what warning signs to look for and how to tell if someone in a family is expiring this serious issue. Also, what to do if you find yourself, your children, or your loved ones in this situation.
If you find yourself or loved ones in a life threatening situation and you feel that legal expertise is needed, The Nacol Law Firm will be available to discuss with you the situation and what legally can be done to lessen or alleviate this family problem. You are not alone, let’s see if we can help!
Nacol Law Firm P.C.
Walnut Glen
8144 Walnut Hill Lane
Dallas, Texas 75231
(972) 690-3333
Holiday Visitation with your Children: Plan Now to Make Happy or Be Sad!
Now is the time to review your Holiday Schedule for visitation with your children during this wonderful time of year! We suggest you review the specific circumstances provisions of your order concerning visitation. Because many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.
Texas Family Law Code’s Standard Visitation Guidelines for Thanksgiving:
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;
Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:
The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;
The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair!
Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season, resulting in an unfortunate and a very unhappy family situation. If you cannot reach an agreement regarding visitation or you believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney.
Children need to have structure in their Holiday Visitation schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family. The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.
The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad. This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family. Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.
Tips on Dealing with Holiday Visitation Issues
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- Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.
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- Plan ahead now on scheduling the upcoming holiday visitations. The longer the wait, the more stress involved!
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- If there is a deviation in the holiday schedule this year, make sure it is, in advance, in writing. Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.
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- Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends. This is a time for new family traditions and changes from old habits. Put aside your differences with the other parent and make the children’s time happy with good memories.
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- If age appropriate, ask your children what is important to them during the holidays. There may be a special place or event that is very important to them; try to accommodate this.
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- Enjoy the Holidays with your children. This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.
If you anticipate a problem could arise regarding holiday visitation schedules, don’t delay! Consult a legal expert in time to get the conflict resolved before the holidays commence!
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New Air Force Initiative for Court-Ordered Child Custody Decrees Helps Parents and Children to Stay Close Together
The U.S. Air Force has recently announced a new initiative making it easier for their Airmen and Women, the ability to defer an assignment or be stationed near their children with a court-ordered child custody decree. Assignment authorities will now be able to consider requests for an assignment or deferment to a location near their children, even if the co-parents are not married.
“We recognize family dynamics don’t always look the same and there is not a one-size-fits-all solution to managing people’s careers and assignments,” said Lt. Gen. Brian T. Kelly, deputy chief of staff for Manpower, Personnel and Services. “We ask our people to move frequently and we know that can cause additional stress and sacrifices for their families. This change gives us the flexibility needed to better take care of them.”
Service members who are named as a parent, either biological or adopted, and have a court-ordered child custody agreement are eligible to apply. Assignment matches will be made when possible. It must meet the best needs of the Department of the Air Force. Service members are still required to fill valid manning requirements, perform the duties in which they are trained, and meet all PCS eligibility requirements without waivers.
September, 2020
Nacol Law Firm PC
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
