Motions in Divorce Actions

Emergency Motions in Divorce Actions

In certain Texas divorce cases, urgent matters may arise that prompt a party to file an emergency motion. For example, if a party has reason to believe that their estranged spouse poses a threat to them or to the marital estate, they can file a motion for a temporary restraining order. The court may grant such orders without giving notice to the opposing party if necessary to protect the parties or preserve the property. These orders may contain provisions prohibiting either party from communicating in a way that would alarm or annoy the other party, causing harm to the other party or their children, falsifying property records, or transferring community property in an attempt to deprive the opposing party of it.

In divorce cases involving child custody, circumstances may arise that prompt a party to file a motion for temporary custody orders. Such orders may be necessary if there is a threat to the child's safety, health, or welfare. If the court issues a temporary custody order, it may include provisions requiring one party to pay temporary child support, granting temporary conservatorship rights, and prohibiting either party from disturbing the child's peace or removing the child from a designated geographical area. It is worth noting that the courts have the power to issue such orders without a hearing or giving notice to the opposing party.

Other Motions in Divorce Actions

The filing of a motion in Texas divorces does not always entail urgency. Take for instance, if a party is unprepared for trial due to one or more reasons, they may file a motion for continuance. To merit such a motion, the requesting party must show good cause, and not simply seek to postpone the case. Additionally, the Texas Rules of Civil Procedure stipulate that only two continuances are allowed in a case, after which the trial must proceed.

Parties may also file motions for enforcement if the responding spouse fails to abide by a divorce decree or other court orders previously issued. Conversely, in cases where the responding spouse declines to answer discovery requests or provide requested information or documents, a motion to compel can be filed.

Speak with an Experienced Divorce Attorney

Divorce cases can take a significant amount of time to be resolved, and during that period, it may be necessary for parties to file motions to protect their interests. The attorneys at Wilson Whitaker Rynell can provide you with information about your rights and guide you in pursuing the most favorable outcome possible based on the specifics of your case. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.