Family cases in Houston, like many family cases in Texas, usually start when a divorce petition if filed by the divorce lawyer representing the party bringing the divorce. The petition for divorce is a formal legal document that contains background information (such as when the marriage and separation occurred and the names, ages, and social security number of any minor children), states the reason a divorce is desired, and requests relief (including child custody, property division, and other matters). Typically, the information contained in the petition is obtained by the divorce lawyer when the lawyer and client meet to discuss the background facts of the marriage and the reasons for divorce. The petition should be filed in the court in the county where one of the spouses has been a resident for 90 days. Also, at least one spouse must have lived in the State of Texas for at least six months. A good Houston divorce lawyer like Carl Selesky, will usually spend at least an hour or more in the initial consultation to make sure they have a thorough and accurate understanding of the history of the parties. The client usually derives a great benefit in the divorces since much of this information is obtained during their free consultation with Mr. Selesky. It is always a good idea to gather relevant financial records (income tax returns, pay stubs, checking and savings account information) so that the divorce process can start smoothly and the client can provide information for their divorce lawyer.
A divorce in Houston, and Texas in general, may be granted upon different grounds. Most divorce lawyers will tell you that the majority of divorces are granted without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. While this sounds complicated, a good divorce lawyer in Houston will tell you what this means is that you can file for a no-fault divorce in the State of Texas. A divorce may also be granted for adultery, abandonment, cruelty, imprisonment, conviction for a felony, living apart, or confinement in a mental hospital. A good Houston divorce lawyer like Carl Selesky should go over the different reasons for a divorce during your initial consultation.
Typically, after the client engages a divorce lawyer, the divorce petition is filed and it must be served on the non-filing spouse. However, if the non-filing spouse waives service of the divorce petition in writing, service of the divorce petition is not necessary. The party against whom the divorce petition is directed has the right to answer the petition and file a counterclaim. The answer must be filed with the family court on the Monday following the expiration of 20 days after service of the divorce. In Houston there are family courts that exclusively hear family related cases; in other cities, many courts will hear many different types of cases.
If a divorce is not agreed, after a divorce is filed, either divorce lawyer representing the court can make temporary orders that will control the family situation while the divorce is pending. These orders might include such things as:
A divorce cannot be finalized by the court until the divorce petition has been on file with the court for at least 60 days. The best way to understand these issues is to consult with Carl J. Selesky, or other Houston Divorce Lawyers about your problem.
This website is not legal advice, is not intended to be legal advice and is for informational purposes in order to help you in your decision to hire a Houston Divorce Lawyer. You should consult as many divorce lawyers as you feel necessary before you hire one. The attorney-client relationship is only formed by written agreement and consent of both of the parties. All bills or other costs are your responsibility regardless of the outcome of any case you have with Carl J Selesky. All trademarks and copyrights are reserved. Carl J. Selesky is a licensed divorce lawyer in Houston, Texas, and also covers Fort Bend, Montgomery, Brazoria, Galveston and selected counties. Mr. Selesky is not licensed in any other State. Carl J. Selesky is not certified by the Texas Board of Legal Specialization.