Family Law

Contested Divorce

A divorce in Texas can be one of two things – contested or uncontested.

In an uncontested divorce, the parties are in agreement on how to divide assets and debts, as well as how to handle child support, alimony, and whatever other items may be before the Court.

In a contested divorce, the parties cannot come to an agreement, and the Court will then have to make a decision for them based on the Texas Family Code.

The procedure for a contested divorce begins with a party – the Petitioner – filing a petition in the Court requesting divorce. The other party is then by default called the Respondent. The Respondent is served with a copy of the divorce petition, and has the first Monday after twenty days from the time they were served to file an answer.

Emergency orders are also something which can be requested at the time of filing, which may be signed by the Judge and will restrict one or both parties from certain conduct (such as wasting assets, harassing the other party, or in some cases, even being ordered to leave the marital home).

Often, the Respondent will eventually counter-sue, thus becoming a Respondent/Counter-Petitioner, whereas the Petitioner then becomes Petitioner/Counter-Respondent.This begins the divorce. Discovery normally follows, which means an exchange of legal theories, evidence, financial information, and other relevant items in the case (unlike television, there is seldom a surprise, and parties mostly know what each is going to argue well before most hearings).

Once Discovery is concluded, then mediation is often the next step. Mediation is often required by the Court under local rules, although it is not mandated under the Texas Family Code. Mediation is a type of alternative dispute resolution which is often used to settle legal disputes, and because of its high success rate, it is often used in family cases.

If mediation is unsuccessful, then temporary orders is the next option, if so desired by either party. Temporary orders are important, in that hearing, the Court temporarily can divide assets and debts, award custody and child support, alimony, and make whatever other temporary orders the Court feels is necessary. If this occurs, the temporary orders control the matter unless they are modified, or, until the final trial.

About six months to nine months from the time that the divorce petition was filed, the Court will finally have its final trial, also known as “trial on the merits,” or “final hearing.” At this time, all the matters are placed before the Court (again, if they have already been ruled on before on temporary orders) for a final decision from the Court.

It is not unusual for the parties to agree to some things in the divorce, but not all, and leave whatever they have not agreed to, to be decided by the Court.

Texas is a little unique in that unlike most states, most decisions in a divorce – including even that of custody – can be put before a jury instead of a judge. However, the vast majority of cases end up before the judge, although sometimes a party can have reasons to go before a jury, instead.

A divorce is a complex legal matter in Texas. Ilionsky Law, PLLC has experienced, aggressive attorneys standing by to help you with your case from beginning to end. Give us a call at (737) 637-2122 to discuss your options and how our divorce lawyer in Houston may help you.

What Our Clients Are Saying

"Mr. Illionsky is a lawyer's lawyer and a true gentleman. He is prompt to respond and very succinct. His knowledge of the law is also extremely extensive and came to my aid in a county ordinance dispute. I’d recommend him in a heartbeat."

Chris Lahiri

"Words cannot express how thankful I am to have had E.Z. take on my case. From the beginning of my case all the way to the end, he answered all of my questions, handled all obstacles, and defended at all times. You can say he is a Professional Bulldog in court! E.Z. took care of me and my family and we will always be thankful for his help! We highly, highly recommend E.Z! All the way!"

Monique Perez

"I wish there was a way of giving him 10 stars. I have been working with E.Z for the last couple months and I have no complaints. He is tough but truthful 😀.If you are looking for an attorney that tells you exactly what you want to hear ...please skip him but if you are looking a real counsel that Says to you what you need to hear CALL HIM. HE IS A GOOD GUY."

Beni L.

"I was referred to Ilionsky Law and could not be happier with the service. E.Z. took my case on in a less than an optimal time frame, yet made me feel like I was in good hands throughout. There was excellent communication/responsiveness and counsel was straightforward with everything explained thoroughly (and with a lot of patience!). E.Z. was kind and thoughtful and I felt at ease knowing I had him going into the situation. I wholeheartedly would recommend this establishment!"

Neda Haggag

"Words cannot express the gratitude I feel toward Ilionsky, it was a blessing to have found him. Since the minute I was on the phone with him, I had nothing but total support and guidance. Had it not been for Ilionsky, I probably would have lost my case and my sanity, to be honest. He was always reachable, communicative, smart, straightforward, confident, and extremely competent. He is a truly compassionate human being, who cared for my case as if I was part of his family. Putting my trust in him was the best decision I have made. I felt confident and secure with him on my side through the whole case, not once did I doubt him. I know it's you said you are just doing your job, but it's my life- and I feel you went above and beyond and I just want to express my appreciation."

Karla Venegas

"Can I just say Thank God, for amazing attorneys that really care for you as a person and as a client, EZ Llionsky was understanding, attentive , help you fight for what is right. He is straight forward there is no bull ____ , my family and I are just very grateful that we found him.. I can not say it enough but Thank You so much!"

Dolores Charles

"EZ and his staff provided excellent service. He constantly went out of his way to make sure that my case was being handling properly. He genuinely cares about the case and more importantly making sure your okay during the process. His "go-get em'" attitude is something you want from a lawyer and that was the key to the outcome in my case. I HIGHLY RECOMMEND choosing Ilionsky Law firm for and legal matter!"

Daniyal Hasan

"Very happy with this firm's services. Always kept me up to date on all developments, was always very patient and explained everything to me so I can make all the decision so I felt in control of my divorce. My ex settled just to avoid his deposition because he was afraid of my lawyer. LOL."

 

Martha W

"I can't say Thank you enough!!! to attorney Ilionsky. He represented me in a custody case. Being a single mom on a fixed budget, I was thinking I couldn't afford good legal representation. I was wrong attorney Ilionsky is an AMAZING ATTORNEY! He is fair, honest and cares about his clients. He is not out to take your money and charge you for every little thing. My case dragged on for a little over a year. Through out that time I never felt that he didn't have my best interest. I can't say these things about many attorneys but I can say that about him. He CARES and I would definitely use him again if I need too."

Erika Alvarez