There are two terms you need to become familiar with, in order to understand the Standard Possession Order. The first term is “primary conservator.” The primary conservator is the person with the right to determine the residence of the child. This person also has the right to receive (and give receipt for) child support. The “nonprimary conservator” is the person who does not have the right to establish the primary residence of the child, or receive child support. Let’s look at some of the key provisions of the order.

The first provision is that the non-primary conservator shall have possession of the child on the first, third, and fifth weekend per month. The possession shall begin at this person’s option either (a) immediately upon release from school or (b) at 6:00 p.m. The possession shall end either at (a) 6:00 p.m. Sunday or (b) at the time school begins on Monday. The weekend possession can also be extended by holiday.

The second provision says that the nonprimary conservator shall have possession of the child on each Thursday of the month during the school year. The nonprimary conservator has the choice of picking up the child from school, or picking up the child at 6:00 p.m. He also has the choice to return the child at 8:00 p.m. on Thursday night, or return the child to school on Friday morning. Holidays – are split equally (in a 50-50 fashion) between conservators of the child, rotating years.

Spring Break is also split between parents (alternating years), unless the nonprimary lives 100 miles or greater away from the primary. In that situation, the nonprimary gets every Spring Break. The nonprimary conservator gets 30 days of child custody in the summer, unless he lives greater than 100 miles away from the primary. In that case, the nonprimary gets 42 days of child custody during summer vacation.

To request a temporary order, you will need to file a motion and attend a hearing. At your hearing, a judge will decide whether to grant the temporary order is issued, and what conditions are involved. Once granted, temporary orders are usually valid until the court holds another hearing, or until both spouses arrive at their own settlement through negotiation or mediation. To ask for a temporary order, you will need several items.

First, you’ll need a request for the court order you want. Usually, the forms you need are called an Application for Order to Show Cause, and an Order to Show Cause. An Order to Show Cause is a simple, fill-in-the-box legal form that states what you are asking for (i.e. temporary child support). This form orders your spouse to come to court on a specific day and time to explain why the court should not grant your request.

Second, you will generally need supporting documentation. This is a written statement describing the facts that legally justify the temporary order. You will sign this under penalty of perjury. You can also include statements from witnesses, and other people who have first-hand knowledge of the facts involved. You will also need a proposed temporary order to submit to the court. This order will be signed by the judge if he grants your request. Finally, you will need proof of service. This is a document that proves to the court that papers have been properly delivered (“served”) to your spouse.

Other conditions that qualify for annulments include: mental incapacity of your spouse, underage at the time of your marriage, marriage under the influence of alcohol or drugs, impotency, concealed divorce, and marriage under fraud, duress, or force. Let’s look at each of these in more detail.

First, there is the issue of underage marriage. If you married younger than 14, then you can get an annulment. Also, if you married when you were over 14 but under 18, and you married without parental consent or a court order, then you can get an annulment. The court will also issue an annulment if either party was impotent at the time of the marriage. For this type of annulment, you cannot have known of the impotency problem at the time of the marriage, and you cannot have voluntarily lived with the person since you learned of the condition.

If your marriage was never consummated, then this is also grounds for an annulment. If you married under the influence of drugs, alcohol, or mental incapacity, then you can seek an annulment. Annulments may also be granted if your spouse did not have the mental capacity to understand the nature of marriage, and there was no way that you could have known about this beforehand. If you are seeking an annulment on the grounds of mental incapacity, it’s important that you have not lived with your spouse since you discovered that he was mentally incapable.

If you were married under force, fraud, duress, or enormous psychological pressure then you can get an annulment. If you file under the grounds of force, fraud, or duress, you cannot have lived with the person since you learned of the fraud, or from the time that you were able to escape duress. Other criteria for annulments include a marriage less than 72 hours after issuance of a marriage license, and marriage within 30 days after a divorce. Consult your attorney for more details about marriage annulments.

Your divorce attorney can help arrange a settlement, which can minimize (or possibly eliminate) the need to go to court. Very frequently, spouses will begin the contested divorce process, and then reach agreement (via negotiation) before the actual trial date. The biggest benefit of a settlement is that neither spouse will appeal it. With a court ruling, however, there is the likelihood that an unhappy spouse could appeal the court decision, causing more litigation, expense, and a longer period of time before the divorce is finalized.

Attorneys on both sides can help you and your spouse reach an agreement that is acceptable to both parties. If you reach a settlement with your spouse, be sure to have an experienced divorce attorney draw-up the agreement to make it legally binding. Contested divorces are legally complex; therefore, it is not a good idea to represent yourself. For the best outcome, work with an experienced attorney who can guide you through the divorce process.

Uncontested divorce is generally faster, easier, and less expensive than contested divorce. This is because it does not usually require litigation. Many divorce cases begin as uncontested divorces – however, over time, they become “contested” as spouses begin fighting about certain key issues. In an uncontested divorce, both spouses agree on the key issues, and do not need the court to make determinations about asset division, child custody arrangements, or child support payments.

Not every divorce is a long, expensive process. In many cases, the parties have reached agreement on most or all of the divorce issues. Our divorce lawyers in Austin can help conclude your uncontested divorce quickly, efficiently and inexpensively. About one-half of our practice is devoted to uncontested divorces.

UNCONTESTED DIVORCE PROCESS IN CENTRAL TEXAS

Usually only one of the spouses hires a divorce lawyer to prepare the necessary paperwork. If, for example, you hire our divorce law firm to handle an uncontested divorce, we will prepare and file the divorce petition and divorce decree. Your spouse only needs to read and sign the agreement. They may call to ask us general questions throughout the process, but they must always bear in mind that we work for you as your divorce lawyer in Austin.

OUR DIVORCE LAWYERS AND ATTORNEYS CHARGE A FLAT FEE FOR UNCONTESTED DIVORCE IN AUSTIN AREA

The fees associated with an uncontested divorce depend upon the issues in the case. For cases in which the parties do not have children, we charge a flat rate of $1,750.00. For cases in which the parties have children, we charge a flat rate of $2,250.00. The difference rests in the fact that additional drafting is required with cases involving children. From the fee paid to the firm, we pay all court costs (usually around $330.00). The rate includes all meetings, phone calls, e-mails, correspondence, drafting, court appearances and negotiation. Our divorce clients in Austin and Round Rock appreciate the predictability of a “package” rate.

OBTAIN A FREE CONSULTATION WITH A DIVORCE LAWYER IN AUSTIN OR ROUND ROCK

We hope you find our website useful and informative. If you have further questions, we invite you to give us a call at (512) 322.5367 to arrange a free consultation. We can discuss whether your case appears to be uncontested and begin the process of bringing closure promptly and inexpensively.

To speak to an attorney about your matter, please call us now at 512-322-5367.

Contested divorce cases tend to involve four distinct stages: (1) preliminary case workup; (2) discovery; (3) settlement; and (4) trial. Not every divorce case will reach each stage of the divorce process. In fact, about 95% of cases in the Austin area are settled before trial.

Some divorce cases are not contested at all and the involvement of your divorce lawyer is very limited. However, if you and your spouse have some disputed issues, you can expect your divorce case in Austin or Round Rock to follow a rather traditional path through the Travis County or Williamson County court system.

PRELIMINARY DIVORCE CASE WORKUP FOR AN AUSTIN DIVORCE CASE

During the first stage of a contested divorce, the preliminary case workup, we obtain a lot of information from our Austin and Round Rock divorce clients. Clients must provide us with all of the information and documentation necessary for us to effectively represent them, including income information, bank statements, credit card statements, property documents and titles. All of our clients complete a thorough questionnaire.

Once we have sufficient information for the divorce, we draft the initial Petition for Dissolution of Marriage, have the client sign off on it, and determine the best way to serve their spouse with the initial papers. Once served, we file the documents with the divorce court and secure a place on the divorce docket. Our preliminary case workup usually takes about 30 days, but sometimes occurs much sooner.

AS DIVORCE LAWYERS WE WILL REQUIRE INFORMATION FROM YOUR SPOUSE’S DIVORCE ATTORNEY AS WELL

During the second stage of a contested divorce in Austin or Round Rock, the “discovery stage,” we obtain information from your spouse and their divorce lawyer if they have one. Discovery allows us to gather information your spouse or their divorce lawyer may have in their possession and determine the position their divorce attorney will take on the issues in the case. In the interim, we may meet with the judge to have a decision on temporary custody, child support, possession of the homestead and spousal maintenance. Various experts may be involved in your case to assist with the valuation of property or business interests, or to perform a custody evaluation.

OUR DIVORCE LAWYERS IN AUSTIN AND ROUND ROCK WILL SEEK SETTLEMENT FIRST

Once we have the discovery phase completed, we position your divorce case for settlement. We might try mediating or sitting down with the other side to discuss various settlement options regarding your divorce.

We understand the last thing our divorce clients want is a prolonged legal battle with their spouse and their spouse’s divorce attorney. This is why our divorce lawyers in Austin and Round Rock attempt to settle your divorce matter as quickly as possible

IF SETTLEMENT IN YOUR DIVORCE CASE IN AUSTIN IS NOT POSSIBLE

If divorce lawyer is unable to resolve your divorce case, we prepare for trial. The length of the trial depends on the number of issues involved in your divorce case. Some cases are tried in a day, others take several days. Most often, the cases our divorce lawyers take to trial involve disputed custody and spousal maintenance issues.

CONTACT A DIVORCE LAWYER IN AUSTIN OR ROUND ROCK

If you and your spouse cannot agree on critical issues, it is important that you speak with an experienced Austin divorce lawyer. We can explain your rights and put together a plan of action on your behalf. Please call (512) 322.5367 to arrange a free consultation. No pressure. Just good information to allow you to decide if our divorce lawyers are a good fit for you.

To speak to an attorney about your matter, please call us now at 512-322-5367.