I'm going through a divorce in Texas, no Kids, no real property.
She took a lawyer and answered with a general denial to my pro se Petition, so i took a lawyer and we filed an amended petition.
There is nothing I asked for or want in my petition, she is not eligible for spousal support cause we're married under 10 years (4 as of right now)
My question now:
- Neither mine nor her lawyer asked for discovery, is that normal?
- She told me her lawyer is trying to get her spousal support but my lawyer said she is not eligible because of the length of our marriage, is that true?
- My lawyer said he tries and set a court hearing asap to get things done, can the other lawyer stall it by saying he doenst have time on any on the dates my attorney suggested?
- Also my lawyer said it would be best if I can come to an agreement with her before the hearing (which will not be possible cause she always comes with excuses) is it still possible to get the divorce final with one hearing since we don't have any Kids or property or nothing i do want from her?
I appreciate every answer, thank you for taking time to help me
Listen to your lawyer, I agree with him.
Discovery is often conducted when both sides need to investigate claims made by the other with regard to property or kids- by what your have described I do not see many claims, except the claim of spousal.
Your soon to be ex probably got a lawyer to make sure everything is done right, and there may not be anything she is specifically asking for. The spousal is granted in limited circumstances, as you have already been informed.
The opposing side can only stall a hearing if there is a conflict or if they cannot attend for some professional reason, if not both sides usually agree to a date before it is selected.
Your lawyer is right, generally speaking, if you both can come to agreement before the hearing, it will allow you to be in control of the agreement rather than a judge make a decision for you both. I am sure her lawyer is instructing her the same.
The divorce can only be final when you and her have an agreement to all terms and all parties sign the decree.
Since you indicate that you have hired an attorney, you should direct your questions to him or her. Not only would it be ethically suspect to second guess your attorney, he or she will have far more information about the situation than anyone on a simple question and answer forum would have.
By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.
Most likely, your lawyer is in the best position to advise you as to the propriety of discovery. If you and your spouse are comfortable with the knowledge you have of your estate, and your estate is not complicated, it may not be necessary to go to the added costs and effort of formal discovery. Your lawyer is correct about the 10 year marriage prerequisite for spousal support - exceptions exist in cases involving acts of family violence, physical or mental disability, or care of a disabled child. If you think any of these "exceptions" may apply to your situation, you should immediately bring them to the attention of your attorney. There is often some scheduling problems, considering that in each case there are essentially 5 calendars to be juggled: both parties, both attorneys and the court. Be patient and check with your lawyer periodically to be sure an effort is being made to schedule your hearing. Your matter should only take one hearing to finalize.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline