Family Law

  1. Petition for Divorce (Venue)
    One of the parties must have resided in the county for at least 90 days before petition for divorce can be filed in that county.
  2. Ex Parte Temporary Restraining Order
    A TRO can be granted in an ex parte proceeding,but only for intentional and unreasonable acts, such as threats of bodily harm, phone calls intended to annoy and alarm, falsifying records, removing or concealing ppty, etc.
  3. Temporary Injunction
    The court could grant a temporary injunction ordering the payment of reasonable attorney's fees and awarding one spouse exclusive control of business, but only after notice to the other spouse and a hearing.
  4. Ordering Counseling
    Family Code section 6.505 gives the court the discretion to order counseling, on the motion of either party or on the court's own motion to:

    (1) determine whether there is a reasonable expectation of reconciliation between the parties, and

    (2) to order further counseling for an additional 60 days if the court continues to believe that there is a reasonable expectation of reconciliation. 

    *Counseling can include consideration of the effect of a divorce on minor children of the marriage.
  5. Mediation
    Under the Family Code, the court has the power to order, on its own motion, that the parties enter into mediation. 

    A mediated settlement is binding on the parties if:

    (1) it provides in a prominently displayed stmt that it is in boldfaced type, in capital letters, or underlined that the agreement is not subject to revocation;

    (2) it is signed by both parties; and

    (3) it is signed by the parties' attorneys, if any, who were present at the time the parties signed the agreement.

    If mediated settlement agreement meets these reqs, either party is entitled to judgment on the agrmt.
  6. Requirements Necessary to Support an Award of Spousal Maintenance (Three Prong Test).
    (1) Married at least 10yrs (2 yrs if spouse is convicted of family violence within 2 yrs)

    (2) Spouse lacks sufficient ppty to meet her minimum needs; and

    • (3) One of the following:
    • (a) Spouse unable to support herself bc of disability; OR
    • (b) is custodian of disabled child; OR
    • (c) Lacks employment skills adequate to provide her minimum reasonable needs.
  7. Spousal Maintenance-Maximum Award
    -lesser of $2,500 per month or 20% of spouse's average monthly income.
  8. Spousal Maintenance-Duration
    Payments limited to shortest time that will enable spouse to obtain appro
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Family Law
Family Law