General Information:
Jack Robinson provides his client with the best service when they need a divorce and family law attorney in Rockwall Texas. He also assists client who need a divorce or family law attorney in Dallas, Kaufman, Hunt and Collin Counties. As a divorce & family law attorney in Rockwall Texas, Jack Robinson works to ensure every client is informed on the divorce process. A divorce can be a long process, and preparation is key in minimizing the length of your case. Here is some information about the process in order for you to have a better idea of what will be the steps that will happen in the divorce process.
Divorce Petitions:
To obtain a divorce, the husband or wife must petition a court for a judgment of divorce. Divorce Attorneys usually draw up these documents for the Petitioner.
The initial petition often demands much more than the Petitioner expects. Do not worry if your wife claims that she cannot support herself and therefore wants you to pay all attorney fees. Divorce Attorneys often use the initial petition as a wish list.
The Respondent has a limited time to file an answer. The Respondent’s answer is usually brief, admitting or denying each assertion and asking the court to deny the Petitioner’s request.
With the Answer, the Respondent often files a Cross-Petition or Counter-Claim to set forth his position on the basic facts and the relief he seeks. It is always a good idea to file a Cross-Petition; without it, the Respondent could easily find himself at trial facing an agenda set by his wife’s inflated wish list.
Temporary Motions:
Early in the process, the divorce attorney on behalf of the parties may file motions for temporary orders to address any pressing issue that cannot wait until the end of the divorce.
But most parties make serious efforts to arrive at an acceptable temporary arrangement without going to court. Avoiding temporary orders will help keep down attorneys’ fees and possibly create a more favorable impression on the judge.
Discovery:
Discovery is the process of gathering information that will build and strengthen your case at trial. During discovery, you will gather favorable information about yourself for your divorce attorney to present to the court.
But equally important is anticipating your opponent’s case. Winning a favorable judgment means you have to be prepared to deal with your spouse’s allegations.
Settlement:
It is common for cases to settle on the day of the trial and in some cases even during the trial. The settlement agreement has important advantages. A reasonable settlement agreement may allow you and your spouse more control over your judgment. Many clients prefer to avoid the anxiety of wagering their lives on a judge’s decision.
Additionally, time and money considerations may lead to a settlement. You may wait one to two years for your trial, but meanwhile, both you, and your spouse’s attorneys’ fees will continue to climb. These fees normally increase dramatically as the trial date approaches.
Finally, as tempting as it is, it is almost always a mistake to negotiate directly with your spouse, even when your attorney is in the loop. Any deals that you cut can create unrealistic expectations that will calcify into intractable positions. The litigation fallout from the miscommunication can easily double your divorce attorney fees.
Pre-Trial Conference:
Before trial, you might attend at least one mandatory settlement conference, also called a pretrial conference. These conferences force the divorce attorneys for both parties to discuss the merits of the case, with the benefit of input from the judge.
Often, it is during pretrial conferences that both sides fully realize the emotional and financial expenses of a trial. Afterward, they may approach negotiations more rationally.
The demeanor of the judge during these hearings is very important. After hearing an overview of the facts, judges may offer their opinion of the facts and offer suggestions on possible settlement.
The judge may require a mediation of status conference in place or in addition to a pretrial conference.
Trial:
Although fewer than 5% of all divorces go to trial, this figure varies substantially according to certain factors, including salary level, length of marriage, and the spouse’s occupation. The length of your trial will depend on the time the court allocates and the number and complexity of issues to be decided. Your trial may last anywhere from a few hours to a few weeks.
The Petitioner presents evidence first by calling witnesses and presenting exhibits. Once the Petitioner “rests,” it is the Respondent’s turn to make his or her case. After both sides have rested, the Court may permit the Petitioner to present “rebuttal” testimony by responding to the Respondent’s evidence.
Most divorce lawyers do not use opening or closing arguments in divorce trials, but some Courts do allow them.
Jack K. Robinson, Attorney, Specialized in Family Law, Wills and Probate, and Estate Planning.
Aftermath:
Divorce proceedings can unleash a torrent of emotions ranging from anger to anxiety to depression. But as difficult as this experience is, you cannot simply call in sick, because your (and your children’s) interests hinge on your ability to push through and make rational decisions. So you must work to separate grievances that are meaningfully related to your children’s welfare from those that are offensive to you personally, however grave.
Other helpful family law topics you may find helpful include information on spousal support, child support, child custody, and property & debt division issues in divorce.
Jack Robinson provides his client with the best service when they need a divorce and family law attorney in Rockwall Texas.
Remember that you are not walking this path alone. Your divorce attorney will be your key advisor, but many of the pivotal considerations are not within his or her province. Therefore, it is usually helpful to seek advice from others whose knowledge and judgment you respect, including a counselor.
Always talk to your attorney first. Friends and family may help, but they also might pour gasoline on the fire. Knowing when to tune in also means knowing when to tune out. Jack Robinson provides his client with the best service when they need a divorce & family law attorney in Rockwall Texas. He also assists client who need a divorce or family law attorney in Dallas, Kaufman, Hunt and Collin Counties. As a divorce & family law attorney in Rockwall Texas, Jack Robinson works to ensure every client is informed on the divorce process.