When you pursue a divorce in Texas, there are certain statutes and laws that must be obeyed for the process to move forward unimpeded. If you are filing for divorce in Travis County, you have to adhere to the Travis County Standing Order, which acts as an automatic injunction to protect both parties from engaging in certain actions to harm the other spouse. It’s vital that you understand what you can’t do the moment your divorce is filed. A lawyer can assist you.
Hiring the right divorce attorney may end up being the most important decision you make for your case. You may not immediately understand the Texas divorce laws and how they’ll affect your situation. You should hire a divorce lawyer who has considerable experience with Travis County divorce cases like yours. Our firm has considerable experience in family law cases. We can devote time, focus, and dedication to your divorce case and help you avoid costly mistakes.
Getting Divorced in Travis County
If you move forward with your divorce in Travis County, your case is assigned to one of the Civil District Courts or Associate Courts that can be found at the Travis County Civil & Family Courts Facility. Your lawyer can help you avoid engaging in certain questionable actions that go against the Travis County Standing Order for family law cases. Texas has a divorce rate of 2.1 per 1,000 and a marriage rate of 49%. These cases are not uncommon in the state.
What You Can’t Do the Moment Your Divorce Is Filed
As soon as you file for divorce, you may think that you’re already basically free and can do whatever you want with any property or bank accounts, and even move out of state with your kids. That’s simply not the case, and doing so could result in contempt of court charges in Travis County if you’re not careful. A good lawyer can advise you on which actions you can take and which actions you should avoid at all costs. Here’s what you can’t do after filing for divorce:
- Hide assets. One of the most self-destructive things you could do in your divorce is attempt to hide assets. Not only is hiding assets from your spouse or from the court in a divorce illegal, but it can also vilify you in court and make your spouse much more sympathetic. Sympathy from the court can result in a higher share of marital property when the time comes to divide assets.
- Drain accounts. Don’t try to drain any joint bank accounts or withdraw funds from any retirement accounts, except for necessary living expenses. Trying to drain your accounts can be seen as being vindictive and spiteful in your divorce, and that can hurt your chances of a clean, 50/50 break. Asset division is skewed based on certain factors, including a spouse’s attempts to cheat the other out of what’s rightfully theirs.
- Relocate children. Without the express permission of a judge or prior written agreement, you cannot take your children out of state or even out of the county. Doing so can even be seen as kidnapping in certain situations. Don’t do anything that could disrupt your children’s daily routines.
- Parental alienation. Parental alienation happens when one parent tries to turn the kids against the other parent by using lies, threats, empty promises, and disparaging remarks. While engaging in such behavior is not illegal in Texas, it can heavily affect custody arrangements if one parent is able to prove that the other is attempting to manipulate the children into hating them.
- Harassment. During your Travis County divorce, you are expected to conduct yourself in a respectful manner and be at least civil toward your spouse. Engaging in any harassing behavior can seriously hurt you during divorce proceedings. This includes using vulgar or profane language toward them, threatening them, hacking into their accounts, or stalking them.
FAQs
What Assets Cannot Be Touched in a Divorce in Texas?
Texas is a community property state, which means that any assets or accounts gained during the marriage are considered jointly owned and are subject to division by the court during a divorce. Any property that was owned prior to the marriage or uniquely owned by a single spouse is seen as separate property and won’t be subject to division. Any gifts, inheritances, or personal injury settlements are seen as separate property in Texas.
What Is a Disadvantage of a Standing Order in a Texas Divorce?
The main disadvantage of a standing order in a Texas divorce is how rigid it can be. A standing order applies to every divorce upon filing, and it’s automatic. There’s no room to address your unique needs and prevent lifestyle changes you may be required to make due to the standing order. The rules aren’t tailored for each case. There is a lot of potential for setbacks and complications.
Does Travis County Have a Standing Order for Divorce?
Yes, there is an enforceable standing order for divorce in Travis County. It goes into effect as soon as a divorce is filed, and it exists to protect both spouses from any attempt at vindictiveness. It preserves property, protects the children, and prioritizes safety. If you or your spouse attempts any actions that are prohibited by the standing order, you could face contempt of court charges.
What Is a Standing Order in a Texas Divorce?
In Texas, a standing order is a countywide, specific rule that goes into immediate effect as soon as a case is filed. It legally binds both spouses to preserve the current status quo of their marriage and prevent certain behavior. Many Texas counties have a standing order in place in the event of a divorce.
Be Sure to Hire a Divorce Lawyer Today
Obeying a standing order during your divorce can be frustrating, but not obeying it can result in additional legal trouble you do not want. At Heinrich Christian, PLLC, we can help you navigate your divorce, adhere to your county’s standing order, and protect you from being taken advantage of by your spouse and their legal team. Contact us to speak with a member of our team today.
