Motions in Divorce Actions

In Texas, divorce actions begin with the filing of a petition for divorce and end with the court’s entry of a final decree of divorce. The divorce process is often lengthy, however, and concerns can arise during proceedings that require immediate attention. In many instances, parties can file motions asking the courts to take certain actions to protect their rights while a divorce is pending. If you or your spouse intend to take the steps to legally end your marriage, and you have questions about motions in divorce actions, it is wise to talk to a lawyer. The skilled Dallas divorce attorneys of McClure Law Group are proficient at aiding people in the pursuit of favorable resolutions in divorce matters, and, if you hire us, we will advocate zealously on your behalf.

In some Texas divorces, there are issues that may prompt a party to file an emergency motion. For example, if a person believes their estranged spouse may harm them or deplete the marital estate, they can file a motion for a temporary restraining order. The courts may grant such orders without providing notice to the adverse parties if they deem it necessary to protect the parties or preserve the property. Such orders may include, but are not limited to, terms prohibiting one or both parties from communicating in any manner with the intent to alarm or annoy the other party, causing the other party or their children bodily harm, falsifying property records, or transferring community property in an attempt to deprive the opposing party of it.

In divorce actions involving custody of minor children, circumstances can arise that may trigger a party to file a motion for temporary custody orders. Such orders may be necessary if there is a threat to the child’s health, safety, or welfare. If the court issues a temporary custody order, it may include provisions directing one party to pay temporary child support, grant temporary conservatorship rights, and prohibit either party from disturbing the child’s peace or removing the child from a designated geographical region. Notably, the courts have the authority to issue such an order without a hearing or providing notice to the opposing party.

Not all motions filed in Texas divorces are urgent in nature. For example, as a trial approaches, either party may find themselves ill-prepared to present their case for one or more reasons. In such instances, they may file a motion for continuance. Generally, a party seeking a continuance must demonstrate good cause. In other words, a party cannot obtain a continuance merely to delay the case. Further, the Texas Rules of Civil Procedure dictate that the courts can only grant two continuances in a case. After that, the case must proceed to trial.

Parties can also file motions for enforcement in divorce actions if the responding spouse refuses to comply with a divorce decree or other order previously issued by the court and motions to compel in cases in which the responding spouse declines to answer discovery requests or provide information or documents they are required to divulge.

It can take a long time for divorce cases to resolve, and in some instances, it is necessary for parties to file motions to protect their interests in the interim. If you want to end your marriage, it is advisable to talk to an attorney about your options. The trusted Dallas lawyers of McClure Law Group can inform you of your rights and help you to seek the best outcome available under the facts of your case. Our main office is in Dallas, and we can meet clients for consultation at our Collin-County office in Plano. We routinely represent parties in divorce actions in Dallas, Rockwall, Fort Worth, McKinney, Frisco, Richardson, Irving, and Garland. We also assist people with family-law disputes in cities in Dallas, Rockwall, Collin, Tarrant, Denton, and Grayson Counties. You can reach us through our online form or by calling us at 214.692.8200 to set up a confidential meeting.