When you have been served divorce papers, you have less than 30 days to deliver your written response in which you will either agree to the orders or file a counterclaim.
Getting divorced is never an easy process. It causes a lot of emotions and negative thoughts that may cloud your judgement when dealing with the legal responsibilities of the divorce process. You may feel panic, rage, and numbness or like you are going crazy. No matter the circumstances, you need to understand the legal constraints once a divorce petition is filed. Since you will have about 20 days from the time you were served to give your written response, or a default can be taken against you, it is important for you to meet with an experienced family law attorney who listens and helps you find your way through the pain and grieving to a clear and focused understanding of your legal rights and responsibilities.
It is important to protect your interests from the start of the process. The initial orders will include the divorce petition and information about the standing orders on your assets and behavior. Standing orders must be attached to any divorce petitions filed in the county and applies to the parties while the case is pending.
What is a standing order?
Standing orders have been adopted by the district courts of Brazos Valley as a code of conduct regarding the treatment of children and property during divorce. These orders may include a motion for temporary orders regarding custodial issues for minor children, child support, spousal support and use of the family home. The standing orders also allow a party to continue to maintain a reasonable lifestyle, spend what is needed for living expenses, and incur debt that is related to the case they’re involved in.
What is in a standing order?
In the broad sense, the standing orders are meant to prevent the parties from acting in a way that is harmful to others and property while a divorce is ongoing.
Most of the requirements in the standing orders are prohibiting behavior that you would get in trouble for regardless of whether there was an order telling you not to do each act — such as harming an animal, harassing or threatening the other party, causing bodily injury to a child or falsifying documents. Some of the other things prohibited by the standing orders are a limit on either party that prevents them from changing the school that any child involved in the case goes to or an order that bans the making of disparaging remarks regarding the other party within the presence of the child.
What does this mean for my case?
If you’re involved in a divorce case in Brazos County you are subject to the standing orders that have been attached to your petition. There can be serious consequences for failing to follow the standing orders. If you have any questions or concerns about your case, please contact C.E. Borman and Associates to discuss your divorce and how the standing order could impact your case.