What is a Texas family law counter-petition?

A Texas family law counter petition presents you with options in your case. Family law cases begin with a petition being served in whatever family law case you are involved in. This could be a divorce case. Suppose that you were served with a divorce petition by your spouse out of the blue. Without knowing exactly how to respond you were certainly caught flat-footed. Or this could be a situation where you are dealing with a child custody matter. Having never gone to court previously you are eager to see the court create orders which can establish norms in child custody.

 In either case, you need to know how to proceed. Not being prepared to respond to a petition in a family law case compromises your well-being. In either case, you are potentially harming your children. To pursue your rights most effectively and to stand up for your children you need to have a plan. The attorneys with the Law Office of Bryan Fagan are equipped to assist you in this regard. Today’s blog post from our office relates to a Texas family law counter-petition. Specifically: what it is and how it can help your family.

Do you have a question about Texas family law counter petitions or any subject in Texas family law? Please reach out to the Law Office of Bryan Fagan. Our experienced family law attorneys have what it takes to represent you and your family in a complex, contentious family law matter. However, first, allow us to explain the law and provide you with an overview based on your specific circumstances. We offer free-of-charge consultations six days a week.

Filing a counter-petition and answer in a Texas family law case

By all means, you should plan on responding to a petition filed by your spouse or co-parent. There may be specific issues having to do with jurisdiction where consideration needs to be paid to this topic, however. Talk with an attorney at the Law Office of Bryan Fagan if you believe that a family court in Texas does not have jurisdiction over your case. It could be that you do not live in Texas or that your children do not. Filing an answer when a court does not have jurisdiction over you may be a major mistake.

In most other circumstances it is advisable to file an answer. An answer is a fairly straightforward legal document that provides a court with an acknowledgment that you have been successfully notified of the pending lawsuit. Typically, an answer also contains a general denial. A general denial seeks to broadly argue against the allegations made by your opposing party in their petition. In other words, an answer is a defensive document. It seeks to hold your position but not advance your case forward.

This is where a counter-petition comes into play. A counter-petition allows you to go on the offensive in your case. A Texas family law counter petition allows you to make arguments and seek relief from the court. This is critical. Not only are you able to notify your opposing party of what you believe are essential elements of the case, but you also allow yourself to ask for relief from the court in a final trial. An answer is a necessary document. However, it does not provide you with any offensive power in this case. That is where a Texas family law counter petition comes in handy.

How does a child custody case differ from a divorce?

The two main cases where you may need to file a Texas family law county petition are divorces and child custody cases. To begin with, child custody is a term that you will not find in the Texas Family Code. Rather, the term that we use in Texas to refer to custody is conservatorship. That said, judges, attorneys, and the parties themselves are all familiar with the term child custody. For that reason, it is utilized widely in Texas family law.

Child custody cases relate to subjects like visitation, possession, and child support. Families who go through child custody cases may have parents who are either married or unmarried. For that reason, a divorce case may contain elements of child custody. However, if you and your co-parent are unmarried then your case is purely a child custody matter. There are no property rights or spousal support considerations in a child custody case.

As mentioned previously, a divorce may contain property and child custody subject matter. Texas family law counter petitions are critical in a divorce. By effectively filing a Texas family law counter petition, you can protect your rights and those of your children. Additionally, there are opportunities to negotiate based on what you are petitioning for. Allowing your spouse to understand your arguments better can facilitate settlement negotiations. Talk with an experienced family law attorney with the Law Office of Bryan Fagan to learn more about this process.

Who decides the issues in a Texas family law case?

It is common to presume that when filing a Texas family law counter petition it is a judge who makes the final decision in your case. All our television shows and movies tend to depict family court judges as the ultimate determiner of your outcome. While this depiction may make for interesting drama it does not necessarily match reality. It is certainly possible that your family court judge could determine the ultimate issues in your case. However, it is far from a sure thing.

Rather, family court judges only become decision-makers when you and your spouse are unable to settle the case on your own. In a Texas family law case, there are ample opportunities to negotiate and settle your case. For instance, once you have filed your Texas family law counter petition there is usually a significant amount of time until a temporary orders hearing. Using that time effectively means working with your attorney to negotiate with your spouse or co-parent.

Having an attorney from the Law Office of Bryan Fagan by your side is helpful. First, your attorney can help you file your Texas family law counter-petition. This allows you to negotiate from an offensive posture. Next, your attorney can help you by ensuring that you have a full understanding of the law and the issues that are relevant to your case. Negotiating with a plan and with knowledge of the law puts you in a strong position to be able to make good decisions and act Intentionally.

How can a Texas family law counter petition relate to community property?

Texas family law counter petitions come into play when it relates to community property. Texas adheres to principles related to community property in dividing marital property. Both property and debt are relevant for division in a Texas divorce. The presumption is that property owned at the time of your divorce is subject to division. However, evidence may be presented which shows that property is separately owned. It is incumbent upon you and your spouse to be able to produce evidence that shows items are separately owned.

In a Texas family law counter petition, you can attempt to make basic arguments against the allegations in your spouse’s petition. For example, if you believe that a particular asset or debt is separately owned by your spouse rather than the community owned you may make that allegation. Again, you must be able to present sufficient evidence to back up that assertion. Working with an experienced family law attorney can go a long way toward helping you build a case. It is not as simple as simply making allegations and going from there. You must have evidence to support what you are petitioning for.

In a Texas family law counter-petition, do not forget about debts. Debts are divisible in a divorce just as much as property. Credit cards, home equity lines of credit, and student loans are types of debt that can be divided in a divorce. Whether the debt was incurred during or before the marriage determines whether it is Community property. Having accurate records matters. This is especially true with debt like a home mortgage.

How are retirement savings dealt with in a divorce?

The attorneys with the Law Office of Bryan Fagan are adept at being able to assist you when it comes to managing issues related to your retirement. You have worked for many years to build up retirement savings. Now that divorce is pending the last thing you want is to lose most or even all that savings. Fortunately, a Texas family law counter petition can help you in this situation. Depending upon the type of circumstances you have in your case there may be opportunities to Prepare Your case from the outset.

Other benefits of a Texas family law counter-petition

In Texas, you can allege fault grounds for divorce. These fault grounds attempt to take into consideration the different reasons why you or your spouse have caused a divorce. Examples of fault grounds for divorce include abandonment, cruel treatment, and adultery. In a Texas family law counter-petition, you can allege additional grounds for divorce from your spouse. These fault grounds for divorce can be pursued instead of alleging in supportability as is more common in a divorce.

Additionally, a main reason why you would want to file a Texas family law counter-petition in your divorce is to counteract an attempt from your spouse to nonsuit the case. For example, suppose that Your spouse decides that she no longer wants a divorce. After going through the case, she would like to stop and attempt to reconcile. However, this is not what you would like to see happen. Rather than stop the divorce your Texas family law counter petition can continue with the case despite the non-suit.

If you would like to nonsuit the divorce in the future you may choose to do so. However, that will be up to you. Working with your experienced Texas family law attorney can help you a great deal when it comes to figuring out whether to non-suit or pause a divorce. Sometimes it is possible, through reconciliation or therapy, to avoid a divorce. It is up to you and your family to figure out whether this will be the best path forward for your case. Once you decide, communicate with your attorney and determine the best thing to do with your divorce.

Effectively using a Texas family law counter-petition in your divorce

Suppose that you and your husband are going through a divorce. You all had been experiencing some problems in the marriage for some time and now the case has finally been filed. Once your husband filed for divorce he asked for primary custody of the children. Primary custody of the children involves him housing the children with him and providing basic care for them during the school week. It also incorporates greater decision-making authority regarding outcomes for the kids.

Once you receive this notice of the divorce you immediately want to file for primary custody yourself. However, you would not be able to ask for primary custody in an answer. Rather, you would need to file your petition. The petition you need to file is a counter-petition for divorce. The counter-petition for divorce is your offensive tool to make a case for yourself. Without filing a counter-petition for divorce, you could merely defend yourself against allegations made in the petition filed by your spouse.

In general, child custody cases that involve issues of primary conservatorship more readily lead to trial than other types of family law cases. Even though many family law cases manage to settle with the help of mediation child custody cases that involve primary conservatorship often do not. The reason for this is that there is no middle ground on these topics. If you want to be the primary conservative of your child, then you must have an experienced attorney by your side.

Do you need to hire an attorney for your child’s city or divorce case? 

It is not legally required for you to hire a family law attorney for your divorce or child custody case. The Texas family code does not require you to hire an attorney. However, there are several reasons why hiring an attorney may be in your best interest. First, learning about the law in Texas is critical to your case. This may seem like an obvious point to make but many people go into a family case interests this without sufficient knowledge of the law. This puts you in a position where you would need to play catch-up as far as learning the basics of Texas family law. Knowing the law throughout your case is critical to your success. 

On top of helping you learn the law in Texas, your attorney would assist you in applying the law to the facts of your case. Family law cases are incredibly fact-dependent. This means that while the law certainly matters what your facts are also matters a great deal. An experienced family law attorney can guide you as far as what decisions to make and how to avoid mistakes. Understanding what feature outcomes are likely based on your present circumstances is a skill that your attorney should possess.

While hiring a family law attorney is not required it is often essential to someone’s success. Do not assume that just because you do not need an attorney for your case it is also not important. The more help you can have at a crib juncture in your life the better. Imagine trying to make career or life decisions without a family or support system to assist you. The same concept applies to divorce. Having an attorney by your side to assist you in the case can be a tremendous leg up.

Final thoughts on Texas family law counter petitions

Admittedly, Texas family law counter petitions are not a subject that you will hear about a tremendous amount in the world of Texas family law. However, that does not mean that they are not important. A Texas family law counter petition can be the difference between you asserting your case strongly and being subject to the whims of your spouse. When you do not file a counter petition for divorce that means that you put yourself in a position where your spouse dictates the terms of the case.

Thank you for joining us today on the blog for the Law Office of Bryan Fagan. If you have questions about the benefits of a Texas family law counter-petition, then please do not hesitate to contact our office today for a free-of-charge consultation.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.