Family Law Litigation
At Banner, Briley & White, we limit our family law representation to matters that end up in litigation. In Texas, the court can not grant a divorce without disposing of property issues and determining the conservatorship and support of children. Usually, a judge decides a divorce case. In cases where custody is disputed, or values of property are significant, however, either party can request a jury trial.
Texas is a community property state. “Community property” can be defined generally, as property that was acquired by either the husband or wife during the marriage. “Separate property” is property brought into the marriage, acquired by gift by either the husband or wife, or inherited. Community property is usually divided equally among the husband and wife. Separate property stays with the person who acquired it. Property division is frequently complicated and disputes arise.
The divorce process starts with filing a document called "Original Petition for Divorce." The petition is filed with the District Clerk, and the case is then assigned to a Court. After the Original Petition for Divorce is processed at the Courthouse, it must be served. Between the date that the divorce is served and granted, there may be a need for temporary orders to determine which spouse will live in the family home, who will pay the bills; take care of and support of the children, pay the attorney's fees, and a variety of other issues. When a husband or wife does not like the result of a temporary orders hearing, they frequently request that their divorce be heard by a jury instead of a judge and they pay a jury fee. When the jury fee is paid, our firm is frequently contacted for representation, as the divorce is at that point “contested” and in litigation.
Although family law litigation primarily involves divorce, it can arise in a variety of other family law matters, including:
- Legal separation
- Paternity
- Domestic Partnerships
- Adoption
- Grandparent's Rights
- Prenuptial Agreements
- Post-nuptial Agreements;
- Family Law Appeals and Writs
At Banner, Briley & White our knowledge, experience and training in family law litigation are supported by our aggressive and proactive style. We also believe in reasonableness and cooperation, however, and adjust our representation to suit the needs of any particular client.
