Celebrate the Next Chapter of Your Life
Going through a divorce is probably one of the most draining experiences that you will ever go through in life. During this time, your judgment may be clouded by feelings of anger, resentment, stress, and fear.
The first step in putting your marriage behind you is to consult with an attorney who will properly advise you of your rights, obligations, and interests.
At The Quander Law Firm PLLC, we demonstrate the utmost professionalism, knowledge, and compassion during your difficult time. We strive to give our divorce clients a piece of mind and security in knowing that we are doing our best to protect your interests, your children, and your future.
UNCONTESTED VS. CONTESTED DIVORCE
Every divorce does not have to be a long, drawn-out process. In an uncontested divorce, both parties have reached an agreement as to the terms of their divorce. Specifically, both parties agree on divorce related issues such as child custody, property division, child and spousal support, and debt division. Settling your matrimonial issues outside of court is generally the quickest, most cost-effective solution to divorce. However, both parties must cooperate in the process and agree to ALL terms of the divorce.
In an uncontested divorce, the parties cannot agree on all the terms of the divorce. However, even though your divorce may be contested, you can still avoid the court process by reaching an agreement through mediation. In fact, most courts in Texas require the parties to mediate before taking their case to final trial. Regardless if your divorce is uncontested or contested, we are ready to advocate for you and help you move forward with your life.
The Divorce Process
In order to file for a divorce in Texas, either you or your spouse must have been domiciled in Texas for six-months prior to filing AND either you or your spouse must be a resident of the county in which you intend to file for 90 days prior to filing.
Filing for Divorce
Once you have met the above residency requirements, your attorney will file an Original Petition for Divorce on your behalf. Once the petition is filed, a copy of the petition must be served to your spouse by a process server.
Once your spouse has been served with the divorce petition, he or she must file an answer with the court.
Temporary Restraining Orders(TRO)
Unsurprisingly, there may some issues that the Court cannot hear until final trial. In an effort to maintain the “status quo”, preserve property, and keep the peace between parties, a TRO may be necessary. A Temporary Restraining Order (TRO) is a court order that prevents both parties from engaging in certain actions. For example, the court may issue an order that stops your spouse from calling and harassing you, wiping out bank accounts, destroying property, or removing children from their school or physical residence. After careful evaluation, Attorney Erin will advise you as to whether a TRO will be needed.
Temporary Orders Hearing
It may take months for your divorce to become finalized, therefore, temporary orders may be assigned while the divorce is pending. The most common temporary orders provide for temporary child custody, support, and visitation. Additionally, temporary orders may be necessary to determine if a spouse may receive temporary spousal support.
During a temporary orders hearing, the court will hear testimony and evidence from both parties. At the end of the hearing, the judge will render a temporary order that will be in place until the final trial.
In contested cases, it is necessary to obtain information from your spouse through a legal phase called “Discovery.” Discovery is the process where the parties exchange information such as questions and documents that will help you to reveal favorable and unfavorable facts about your case. Your divorce lawyer Erin Quander will help you complete your discovery responses, and will also review the information with you that your spouse has provided.
Courts encourage parties to work out their marital issues without the help of the court. In fact, most courts in Houston and the surrounding counties require divorcing parties to attend mediation prior to the final trial. Mediations are facilitated by a neutral third party mediator who will assist the parties in reaching an agreement. Attorney Erin will attend mediation with you to help you negotiate with your spouse and ensure that you have a fair settlement agreement that is aligned with your best interests. Once a mediated settlement agreement is reached, neither you or your spouse will be able to change the agreed upon terms. Attorney Erin will work review and evaluate your case carefully prior to mediation so that you are aware of the permanency of an agreement and that you are comfortable with the terms of such.
If you and your spouse are unable to reach an agreement, a final trial will be held. Your case will be presented to a judge, or you may request a jury trial. During the trial, both sides will have the opportunity to present evidence and testimony. Attorney Erin has successfully represented divorce clients in trials to obtain a favorable outcome.
At the conclusion of your trial, a ruling will be made in your case. This ruling will be reduced to a written order commonly referred to as a “Divorce Decree.” When your divorce degree is signed by the judge, the marriage relationship between you and your spouse is terminated.
Common Issues Decided During Divorce:
Division of Marital Property
Geographic Restriction on Physical Residence of Child
Division of Debt