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Motions in Divorce Actions

Dallas Divorce Attorneys Helping People Protect Their Interests

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.

Emergency Motions in Divorce Actions in Texas

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.

Other Motions in Divorce Actions in Texas

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.

Talk to a Trusted Dallas Attorney

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.

Client Reviews
"McClure Law Group was very professional and responsive. They listened to my concerns and desires as it pertains to the service requested and I'm very pleased." Jade Nguyen
"Kelly and her team are always a pleasure to work with, and their work product always exceeds one’s expectations." George Tamke
"When I most needed professional, good quality responses McClure Law Group was there. Thank you for the service that I have received from everyone!" Norma Charles
"McClure Law Group’s team is very responsive! I have very much appreciated their communication. They are always on top of what is happening and return my calls or emails quickly." Brie Cherry
"Kelly McClure has been representing me for the past several years and has been an amazing advocate, confidant and sounding board. She is always available by phone, even when she is on vacation. She has answered my questions on weekends and always given me an honest opinion. I highly recommend this group to anyone." Heather Bell
"The McClure Law Group helped me through a very difficult divorce and they definitely had my back every step of the way. I couldn’t recommend the team enough!" Shell A.
"I could not be happier to have had McClure Law. I truly appreciate their accessibility and patience. I can tell they are very knowledgeable, and I trust their guidance. I am SO thankful I went with great lawyers to handle my family case." Victor Lollar
"Kelly is detailed oriented and she truly cares about her clients. Her knowledge of the laws and her ability to get a case resolved make her stand far above others. I highly recommend McClure for your family law needs!" Peter Morgan