Divorce, Modifications and Enforcement Cases in 2019

Why People File Divorce, Modifications and Enforcement Cases after the New Year

Families look forward to the holidays and couples in challenging marriages and co-parenting situations hope for the best. While being optimistic that the holidays will bring out the best in people, too often they are reminded why they are having conflict in their marriage or with the other parent of their children.

Because Thanksgiving, Christmas and New Years are so important to children, many parents who know their marriage is on rocky ground, chose to put conflict aside. Many people who were thinking about a divorce, child custody modification or case for the enforcement of court orders are ready to move forward after the holidays and when the kids are back in school.

Divorce Modifications and Enforcements
For Divorce, Modifications and Enforcement Cases, Call Attorney Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

Family Violence and Protective Orders

Family violence, drug and alcohol abuse, child abuse and spousal abuse are serious matters. People who don’t leave dangerous marriages and relationships put themselves and their children at increased risk.

The first move when getting out of harm can be a protective order. Your divorce lawyer can help you obtain a protective order on an emergency basis when warranted. If the other party, the respondent, violates the terms of the protective order, they can be arrested and jailed. Protective orders are serious business and should only be used when necessary to protect family members from the threat of or continued harm.

What to Look for When Searching for a Divorce and Family Lawyer

When divorce is inevitable, and the marriage is broken, it is important to be well-prepared. It is important to hire a divorce lawyer focused on divorce and family law issues, an experienced trial attorney with the experience and strategy to produce results.

Whether the matter is a new divorce, modification or enforcement suit, an experienced family law attorney will create a unique strategy in the best interests of the family and children involved. Richard T. Sutherland is a seasoned Wichita Falls divorce lawyer with a career of leadership among divorce and family lawyers in Texas.

Our website offers a growing library of blog articles and podcasts. Listen to attorney Richard T. Sutherland and learn the elements of a variety of divorce, custody and family law topics in Texas.

First Steps When Filing for Divorce in Wichita Falls

There are resources online including the content on this website to help people learn about divorce and what to expect. When someone knows they are ready to start the process and file, they must be ready to move forward. Hiring a divorce lawyer they can trust is important.

Divorce attorneys like Richard T. Sutherland appreciate that divorces can be difficult and emotional. They are accustomed to seeing good people going through rough situations.

It is important to be organized and give your divorce lawyer the information they need to create the best negotiation and litigation strategy to help you and your family.

Being Prepared for Custody Modification Cases

Custody modifications are original suits filed to change the terms and conditions of a court’s temporary or final orders regarding conservatorship and possession or access to a child. When modifications are filed within one year of the last order regarding conservatorship or possession or access, there are several factors that can be alleged to demonstrate that it is in the best interests of a child to make a modification to the custody orders.

In cases including family violence and child abuse, the court may presume a material and substantial change in circumstances required to modify the rights and duties of persons or parents having conservatorship and possession or access to the child. For example, an order naming both parents as joint conservators can change to one parent being the sole conservator. The terms and conditions of possession and access can also be restructured.  

Exclusive rights to determine the residence of the child may also be modified based on grounds and factors for modifications including the above, as well as economic situations, such as a new job requiring a parent to relocate.

Enforcing Possession or Child Support Orders

As children grow older their needs change. As parents pursue new relationships, dynamics change. Sometimes what worked well for years becomes a conflict. When possession schedules become a problem and conflict increases it can become necessary to file an enforcement suit, seeking the court’s intervention in high conflict situations. The court can find people in contempt. They court can also order additional periods of possession or access to make up for an interference with possession or access.

Failure to pay child support also leads to enforcement cases. When a child support obligor changes jobs, loses a job or has a change in employment generally, child support payments can be interrupted. Issues with child support payments and arrearages can be resolved out of court, or a new enforcement case can be filed with the court and served on the non-compliant child support obligor.

Richard T. Sutherland is a Wichita Falls Divorce and Family Lawyer for Divorce, Modifications and Enforcement Cases

In the new year and after the dust has settled, or at any time of year, things can change for people and their families and a divorce, modification or enforcement case is necessary. Richard T. Sutherland is a well-experienced divorce and family lawyer in Wichita Falls, Texas and he has a career’s worth of experience negotiating and litigating cases requiring everything from out of court agreements to significant trials before a judge or jury. He is licensed to practice law in Texas, not Oklahoma.

For a consultation for divorce, custody modification or enforcement of possession or child support, contact us online or call the Law Office of Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

January divorce filings in Wichita Falls

 

January divorce filings are popular for several reasons. Many of the people filing for divorce this month knew that they were going to get a divorce well before the holidays.

While it might not be ideal driving to the homes of friends and family knowing you plan to divorce your spouse right after New Year’s, many people decide to make it past the holidays before they file in January. In some cases, spouses are on the fence and take a wait and see approach, and when things happen that justify suspicions and instinct, January may be an ideal time to file for divorce.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, January divorce filings
Richard Sutherland Attorney at Law in Wichita Falls, Texas – Family Law Practice Areas

January divorce filings are popular for several reasons:

  • January is a quiet month. Without holidays there is more time to gather information and work with a divorce attorney in identifying key objectives and issues in the divorce;
  • Children are back in school. As soon as kids go back to school, parents seeking divorce can concentrate without the disrupted schedule and routine often associated with the holidays;
  • Early divorce filers get earlier Temporary Orders hearings. Court calendars and early hearing dates fill up quickly when many people are filing new cases. When you file early, your chances are better that you can have your Temporary Orders hearing completed before spring.

Note that while many divorces are planned some time in advance, in other cases, unexpected events and occurrences can lead to a divorce people never saw coming.

January can be a stressful time for many trying to pay the credit cards and bills after overspending during the holidays. Financial distress is a common reason people divorce.

After the holidays people who were on their best behavior might sour after New Year’s. When the fights among couples are stirred back up after the holidays are over, it can be bad. In cases involving family violence those filing for divorce may have not been able to prepare for a divorce and can need extra help and support. Where one spouse lacks access to money, they may ask the court for an order of interim attorney’s fees, where the court can order one party to contribute to the attorney’s fees of another.

Please feel free to review several pages on our website dedicated to a variety of family law issues.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on FacebookTwitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.