When Does This Hearing Take Place?


The full temporary hearing would come first, within 10 to 14 days. There is also a concept of a temporary restraining order by which we could prevent somebody from spending money by excluding one party from assets such as the house, or car and this would mandatorily have to be done in the first 15 days.

We would generally look at temporary hearings within the first 10 to 14 days so it would be relatively quick. The request for a temporary hearing would be drafted at the same time as the individuals drafted the divorce petition or their response to the divorce petition

By the time we got to court, if the other party had just gotten served or had just retained a lawyer, then that temporary hearing could be pushed off up to a week to ten days. It would be done rather quickly in all cases involving the process of a separation or the establishment of the parent-child relationship.

This Court Process Could Typically Take Around 2 Hours

We can be somewhat flexible in regards to timings, sometimes we could begin in the morning, we would be recessed for another case and then we would be brought back in the late afternoon.

Getting our point across could really end up being an all-day affair at the courthouse. A lot of attorneys like working on settling issues during this time, once a little bit of testimony had been brought out.

We spend our time trying to work with the client to see if there could be a different resolution that would be best for everybody. We always keep in mind what would be best for our client and for our client’s children.

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The Hearing Itself Would Require A Lot of Paperwork and Preparation Because It Would All Be Written and Presented To the Judge

This would generally follow particular formulas, and in a divorce case, we would reduce to writing, many of the things we wanted to do and send in a request.

We would have a property division form filled out to show the judge what we were talking about and what the assets and the debts were. We would show the judge financials so the judge could look over it quickly and decide which party had the resources.

We would also attach W2s, tax returns and bank statements so the judge could get a feel for the situation. All of this would take the place of at least 15 to 20 minutes of questions.

We would generally be limited in regards to time at a temporary hearing, although some courts would give us a little more time than the others. We would still generally be looking at two hours on the first hearing. We might be looking at one hour if we had to come back to court.

Some counties in Texas limit these hearings to thirty minutes, which would require the use of depositions in a hotly contested case prior to going to court and picking out different portions of the record and doing it in written form.

At the start of the hearing, the first attorney would call their client and establish the written documents as being true and they would verify that the person themselves had filled them out. For example they would ask whether these were the documents from their husband or wife and whether they agreed with them.

We would then get right into the testimony, which would be the reason we were there. We would ask if they needed the house or the car, and then we would quickly turn to the children.

If we got two hours, it would basically give us time to question the parties and one more witness, whether that was a doctor, a psychiatrist or a psychologist to assist in determining the child custody. It could even be a good friend, but we would always be trying to put the best foot forward in these cases so there would not be a lot of disparaging remarks.

If we had that or if that was an issue, then we would do a deposition beforehand to bring those records to court. We would not leave anything to chance if we only had two hours to make our case, those orders could take another year, six months plus or even a year before the court would be done.

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