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How to Get a Protective Order During a Divorce

Some individuals choose to get divorced to escape violent situations. Others may experience threats from their ex-spouse during a divorce. If this is you, please know that there are legal steps you can take today to protect yourself and your family. Protective orders are available to put boundaries between you and your ex-spouse during this time.

Types of Protective Orders Explained

There are several types of protective orders you can receive for protection in Texas. The two main types of orders include:

  • Temporary restraining orders: A temporary restraining order is a court order that lasts for 14 days. The order is served by the sheriff and requires your ex-spouse to stay a certain number of feet away from you, move out if he or she lives with you and stop contacting you. Other conditions may apply depending on the severity of the situation.
  • Permanent protective orders: If you feel 14 days isn’t long enough, you can file for a permanent protection order that can last up to two years.

If your ex-spouse violates the protective order, there are major consequences. This is a Class A misdemeanor in Texas which is punishable by up to one year in jail as well as a fine. If your ex-spouse has violated other orders, they’re at risk of receiving a felony charge, which carries a longer prison sentence.

How to Get a Protective Order During Your Divorce

Obtaining a protective order will require you to file a form with the court. An attorney can help you fill out the form, so you can obtain your protective order faster. You’ll then need to attend a hearing where the judge will ask you questions about your need for an order.

If the judge finds you have cause for the order, they will grant a temporary order. If you need a longer permanent order, you’ll need to attend a second hearing. At this hearing, your ex-spouse will have the opportunity to dispute your claims. It’s recommended that you have an attorney to support you.

Call Our Fort Worth, Texas Attorneys for Help Today

If you fear for your safety or the safety of your children, please reach out for help immediately. The attorneys at Schneider Law Firm, P.C. in Fort Worth can support you during this time. Reach out to us today by calling 817-755-1852  or, if the situation doesn’t require immediate action, send us a message.

My Divorce Is Uncontested. Can I Do It Myself?

In an uncontested divorce, couples not only agree to get divorced, but they agree on all the other issues of divorce. For example, they agree on a property settlement that divides marital assets and debts and they agree on a custody arrangement for their children. 

If you believe your divorce to be uncontested, you might be wondering if you can handle your divorce yourself. Is that a possibility? Can you get a divorce without an attorney?

Why You Should Avoid a DIY Divorce

While it’s possible to get a divorce without an attorney, it’s not recommended. Even if you and your spouse seem to agree on every aspect of your divorce, opinions and feelings may change during the process. You may waste time and money on a DIY divorce, only to need to hire an attorney after all.

This is only one of the downsides of trying to DIY your divorce. Other dangers of going it alone include:

  • Improper division of assets: Dividing property can be complex, especially if you have an inheritance or separate property that is now a marital asset. Trying to divide the property yourself can leave you without your fair share of marital property.
  • Custody agreements that don’t work: If you have children, you’ll need to come up with a parenting plan between you and your ex-spouse. Complexities such as tedious work schedules can make creating a schedule difficult to complete on your own. And a custody arrangement that doesn’t work will require modification through court later, costing you more time and money.
  • Additional stress: Divorce is stressful and emotional. Trying to DIY your divorce can add additional stress as you try and move forward.

A Courtroom Dispute Isn’t the Only Option for Divorce

Many people consider a DIY divorce because they fear the drama of the courtroom. If this is you, rest assured that not every divorce requires a court battle. 

If you and your spouse can work amicably, you may be able to finalize your divorce through mediation or arbitration. An experienced attorney can help you decide which path is best for you and your family.

Considering a Divorce? Reach Out to Our Fort Worth, TX Attorneys.

If you’re considering a divorce, we recommend reaching out to an attorney for support. Trying to go through the divorce process alone can result in unnecessary stress and costly mistakes. To learn more about divorce from our Fort Worth, TX, attorneys, give us a call at 817-755-1852  or send us a message.

My Ex-Spouse Wants to Move to Another State: What Do I Do?

It happens. You get the call from your ex-spouse saying they’re considering moving to another state with your children. As you both share custody, panic sets in as you worry you’ll lose contact if they go. Luckily, Texas law helps protect you from this scenario. And the attorneys at Schneider Law Firm, P.C. in Arlington can help, too.

Texas Law & Joint Custody

Texas courts will do everything in their power to do what’s best for your children. So, unless there is a reason not to, such as a history of abuse, the courts will typically recommend a joint managing conservatorship. This means both you and your spouse will share custody of your children.

In a joint managing conservatorship, the court will determine the primary parent of your children, or the parent responsible for deciding where the children will live. Yet, this is most commonly a specific geographic area, enabling effective joint custody for both parties.

Your Ex-Spouse Can’t Leave Without a Court Order

Custody orders are concrete. This means that if the court originally requested the primary parent to stay within a specific geographic area, they must do so. Even if your ex-spouse is the primary parent of your children, they can’t leave without first going back through court.

The process involves petitioning the court and attending a relocation hearing. During this hearing, your ex-spouse will need to explain their reasoning for the move. The court must have valid cause to approve the move, such as relocating for a job. Your ex-spouse can’t simply move to try to keep you from your children.

Speak With an Experienced Child Custody Attorney

If you don’t already have an attorney, we recommend reaching out to one who can help you navigate the complexities of child custody modifications. Rest assured that an attorney can help you file the proper motions required to fight for your rights and those of your children.

Schneider Law Firm, P.C. has years of experience in child custody in the State of Texas. Whether you require an order modification or are considering a divorce, we’re here to help.

Reach Out to Schneider Law Firm, P.C. in Arlington

We know that you want what’s best for your children. If you’re struggling with a child custody issue, we’re here to support you. To learn more about your next steps, reach out to our Arlington, TX, legal team by calling 817-799-7125 or send us a message.  

Do I Need a Power of Attorney?

If you were to become incapacitated due to an accident or health condition, who would make decisions on your behalf? What about your finances? A power of attorney (or POA) is a critical legal document designed to protect in these situations.

What Is a Power of Attorney?

A POA is a legal document that enables someone you trust to make decisions on your behalf should you be unable to do so. This may include your spouse, a trusted family member or a friend. Depending on the type of POA you choose, the person you select (agent) can have limited or full authority.

Types of POAs

There are several types of POAs you can choose from to fit your specific needs. Some of these types include:

  • Durable POA: Some POAs are non-durable, which means they end if you become incapacitated. Durable POAs are the opposite as they continue once you become unable to make decisions. These are the most useful types of POAs for estate planning purposes.
  • Financial POA: This is a limited POA, allowing your agent to make decisions regarding only your finances. For example, this allows your agent to pay bills, get information about your financial accounts and file your taxes on your behalf.
  • Medical POA: A medical POA is also limited, allowing your agent to make medical decisions only. For example, your agent will decide what treatments you undergo in the event of an illness.

We recommend reaching out to an estate planning attorney who can help you choose the right type of POA for you and your family.

Who Needs a Power of Attorney?

Everyone can benefit from having a POA. In fact, a power of attorney is just as critical as a will when it comes to your estate plan. Anyone who wants to ensure their wishes are honored should have some type of POA. This is especially important if you have children that will need to be cared for or a high number of assets to manage.

If you’re without a POA and become unable to make decisions, someone you may not have chosen will need to step in and make them for you. A POA can prevent this.

Need a Power of Attorney? Call Schneider Law Firm, P.C.

Schneider Law Firm, P.C. in Arlington, Texas, provides estate planning services, including the drafting of POAs. We can help you ensure the protection of your family, finances and assets. To learn more about a power of attorney, give us a call at 817-799-7125 or send us a message.