How are marriages ended? Marriages are ended either death or divorce. I had an interesting question posed to me today. A couple were separated and a divorce had been filed. During the pendency of the divorce, the husband died in an accident. A third party wanted to know if it was possible to get the divorce granted or alternatively, to try to have the marriage annulled because of an alleged fraud committed by the surviving wife. The short answer is "NO". Until the parties were granted a divorce, they were married in the eyes of the law. The surviving wife was the widow entitled to her share of the estate under the law. As for an annulment, the only parties who could raise that issue were the husband and wife. The husband died and the wife wasn't interested in trying to annul the marriage. Long story short, the deceased left a widow.\
Family Law- help your lawyer help you. Like Jerry Maguire said, "help me help you". When your family law attorney asks you for help gathering documents or other information, be attentive to that request. For example, in a family law case, your lawyer may need documents for a temporary orders hearing. The lawyer will need your help in preparation of your Financial Information Statement which details what your monthly expenses are and the sources of your income. Only you know what it costs you to live each month and how much cash you have available for that purpose. When your lawyer asks you to compile this F.I.S., get it done promptly so you and your lawyer can discuss it together. In particular, be accurate in your estimations of your monthly expenses. You may well have to justify each and every one to a judge. So, getting it prepared quickly helps your lawyer help you.
Why have temporary orders in a divorce? Between the time a divorce is filed and the final divorce decree is entered, there often must be some controls in place concerning children and property. These controls are the temporary orders entered by the Court either by agreement of the parties or after a hearing.
Divorce and restraining orders in Texas: If served with a restraining order in a divorce suit, you should read it carefully. Generally speaking, the language will say the Respondent is immediately restrained from ... a specific list of things. The list will usually be numbered. Read each item on the list. The list is your list of commandments. If you don't understand the order, take it to an experienced family law attorney to decipher it for you. You will need the lawyer to go to court with you when the applicant has a hearing to expand the restraining order into a temporary injunction during the pendency of the litigation.
Thoughts about divorce by a divorce lawyer: A divorce is nothing to enter into lightly or on a whim. Threatening a spouse with it is like threatening thermonuclear war between nations. Divorce should be a last resort when there is no hope for the marriage, when one spouse cannot continue in the relationship and remain mentally or physically healthy, when counseling would be a waste of time, when the relationship is toxic to the spouses and to the children, or when the other spouse refuses to try to save the marriage.