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Family law Information

facebook-cover-4.27.15 280th Protective Order Court
The 280th Protective order court is a Harris County, Texas family law court for which the only type of hearing are Chapter 85 of the Texas family court.  On the bench at this writing is Judge Lynn Bradshaw-Hull.  Judge Tony Lindsay was the 1st Judge to sit in the 280th after it was designated a domestic violence court.  This is the only court in Texas which hears strictly protective orders.  A private attorney may prosecute this type of lawsuit, but if no divorce is pending, you can get the Harris County District Attorney’s office to file suit for you.  Beth Baron is the lead attorney for the domestic violence unit.  I have tried cases with her and also I had defended and prosecuted protective orders under both judges.  Let me tell you, under Judge Lindsay, it was much easier to have a protective order issued then Judge Hull.  Both are women but Judge Hull is unlikely to issue the order unless proven violence which usually means some form of bruising or broken skin.  A gun to the face or other vital areas may get you there along with stalking, but yelling and threats is a tough sell in her court.  This is always good when you represent the respondent.  On the Applicant side, you may consider temporary restraining order in one the family courts instead of the protective order and a request for some injunctions out of the family court.  I have tried 10 cases in this court since its designation as a family court and filed one mandamus in the appellate courts.  Judge Hull is a hard ass, but soft spoken judge.  Keep your mouth shut unless she or a lawyer asks a question.  Tell the truth and do not get excited.  You will come out on the winning side if you have good facts and hard direct evidence.  The Courts website can be found at http://www.justex.net/courts/family/FAMILYCourt.aspx?crt=21.  If you cannot afford an attorney try http://www.houstontx.gov/police/fvu/services.htm which is the link to the Harris County District Attorney office.  The docket call in the 280th Protective Court is typically on time.  Judge allows late calls, but is short when you have a trial conflict.  (maybe you should not have taken the case).  I am of the opinion that ever family law judge holds a protective order against you.  Never agree to a protective order that states you are not admitting to family violence but are agreeing to the protective order being issued.  Just try the case and have judge order if you think you are not guilty of harming your significant other.

Any file application for a protective order, at the 280th District Court will be made at the address 201 Caroline, 15th Floor. The case will be named respecting the following: “Name of the Applicant vs. Name of the Respondent”. Do not use, in any circumstances the phrase “In the Matter of the Marriage of”. An address form must be completed. The rules and policies usually applied in a family law and divorce courts are not applicable in the court. The motions for continuance are granted if they are filled 48 hours in advance.

All the applications for the Protective Order of this court will have separate numbers. Even if this application is filled together with a divorce or suit, it will still be taken separately and will not be treated in the same document. An application may include only one respondent. The applicant must file a Civil Process Request Form.

If the applicant needs a kick-out order, an in-person testimony is required, to make the respondent leave the residence. For that, the applicant must contact the clerk for an available date to appear in front of the Court.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for 280th Protective Order Court in Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

280th Protective Order Court also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

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facebook-cover-4.27.15 Uncontested Divorce Houston No Children

Uncontested Divorce Houston No Children requires a simple final decree of divorce.  If you are not an attorney, then the time it takes to prepare the documents could be a chore.  My firm has dissolved over 2,000 unhappy marriages.  While the ending of the relationship is something to be mourned, it does mean a fresh start for the parties.  The form is standard which changes are made based on your facts.  Please review the form below and call me for your Uncontested Divorce Houston No Children.

 

NO. _________

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

_________   JUDICIAL DISTRICT
AND

§

§

HARRIS   COUNTY, TEXAS

 

                                        AGREED FINAL DECREE OF DIVORCE

 

On ___________________________ the Court heard this case.

Appearances

Petitioner, appeared in person and through attorney of record, Michael G. Busby, Jr., and announced ready for trial.

Respondent, waived issuance and service of citation by waiver duly filed and did not otherwise appear.

Record

The making of a record of testimony was waived by the parties with the consent of the Court.

Jurisdiction and Domicile

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law.  The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed.

The Court further finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preceding ninety-day period.  All persons entitled to citation were properly cited.

Jury

A jury was waived, and questions of fact and of law were submitted to the Court.

Divorce

IT IS ORDERED AND DECREED that, Petitioner, and, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.

Child of the Marriage

The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected.

Division of Marital Estate

The Court finds that the following is a just and right division of the parties’ marital estate, having due regard for the rights of each party.

Property to Husband

IT IS ORDERED AND DECREED that the husband,_______________, is awarded the following as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that property:

H-1.     All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.

H-2.     All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control.

H-3.     All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the husband’s past, present, or future employment.

H-4.     All individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the husband’s name.

Property to Wife

IT IS ORDERED AND DECREED that the wife, _______________, is awarded the following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property:

W-1.    All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control.

W-2.    All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control.

W-3.    The sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the wife’s past, present, or future employment.

W-4.    The individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the wife’s name.

Division of Debt

Debts to Husband

IT IS ORDERED AND DECREED that the husband,_______________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:

H-1.     All debts, charges, liabilities, and other obligations incurred by the husband and the wife from and after January 1, 2004 unless express provision is made in this decree to the contrary.

H-2.     All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to the husband in this decree unless express provision is made in this decree to the contrary.

Debts to Wife

IT IS ORDERED AND DECREED that the wife, _______________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:

W-1.    All debts, charges, liabilities, and other obligations incurred by the husband and the wife from and after January 1, 2004 unless express provision is made in this decree to the contrary.

W-2.    All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to the wife in this decree unless express provision is made in this decree to the contrary.

Muniment of Title

IT IS ORDERED AND DECREED that this decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.

Notice

IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.

Attorney’s Fees

To effect an equitable division of the estate of the parties and as a part of the division, each party shall be responsible for his or her own attorney’s fees, expenses, and costs incurred as a result of legal representation in this case.

IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties’ estate.

Court Costs

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.

Discharge from Discovery Retention Requirement

IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.

Decree Acknowledgment

Petitioner,_______________, and Respondent, _______________, each acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the opportunity to ask any questions regarding the same, and fully understand that the contents of this Final Decree of Divorce constitute a full and complete resolution of this case.  Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this agreement to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree of Divorce.

Indemnification

Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree.  Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand.

Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney’s fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.

IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates.

The parties agree and IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree.

Clarifying Orders

Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied.  This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue.  This judgment finally disposes of all claims and all parties and is appealable.

Date of Judgment

SIGNED on                                                               .

 

 

                                                                                   

JUDGE PRESIDING

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Uncontested Divorce Houston No Children also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

facebook-cover-4.27.15 Waiver Divorce Houston
If you think you may have a deal with your spouse on the divorce, then you would want them to sign a waiver of service.  To serve someone with process starts at $60 and go run into several thousands dollars in their are in a foreign country.  The form of the waiver is below. The waiver is no good if you sign before the case is filed.  You must insert the cause number in the waiver for it to be good.  My firm usually will encourage the opposing party to sign the final order, this is not necessary if they sign a global waiver.  If the spouse signs the waiver, this does not always mean you have an uncontested divorce, it just means you save money on the service unless it is a globally waiver of all of their rights. The Waiver Divorce Houston form is below:

NO.

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

§

 JUDICIAL DISTRICT

§

§

§

 

§

§

HARRIS   COUNTY, TEXAS

 

 

WAIVER OF SERVICE

 

________________ appeared in person before me today and stated under oath:

“I, _____________________, am the person named as Respondent in this case.

“I acknowledge that I have been provided a copy of the Original Petition for Divorce and Agreed Final Decree of Divorce filed in this case.  I have read and understand the contents of that document.

“I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation.  I do not want to be served with citation, and I waive the issuance and service of citation.

“I enter my appearance in this case for all purposes.

“I waive the making of a record of testimony in this case.

“I agree that this case may be taken up and considered by the Court without further notice to me.

“I agree that the case may be decided by the presiding Judge of the Court or by a duly appointed Associate Judge of the Court.

“I request the Court not to enter any orders or judgment not signed by me or without my receiving prior written notice of the date, time, and place of any proceedings.

“I understand that I have a duty to notify the attorney for Petitioner if I change my address.  I understand that, unless I notify the attorney for Petitioner of any such change in writing, any notices that I might otherwise be entitled to receive with regard to disposition of this proceeding will be forwarded to me at the address indicated below.

“I further state that the following information is correct and that my-

Mailing address is:  ___________________________

 

Telephone number is:  _______________________

Social Security number is:  ______________________________

Texas driver’s license number is:  _________________________

“I further understand that I have a duty to notify the Court if my mailing address changes during this proceeding.”

 

                                                                                   

 

 

SIGNED under oath before me on                                                                                        

 

 

                                                                                   

Notary Public, State of Texas

 

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Waiver Divorce Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

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facebook-cover-4.27.15 Divorce Agreement
When you have a divorce agreement or uncontested divorce in Houston, this means that there is no dispute over who gets what.  This can save both time and money for the husband and wife.  You start by filing an original “Petition for Divorce”.  This would be filed in the courthouse of the county in which you reside in Houston, Texas we file at 201 Caroline in the new civil courts buildings.  The petition with no children looks like form below:

NO. _____________________

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

_______TH   JUDICIAL DISTRICT

§

§

HARRIS   COUNTY, TEXAS

    ORIGINAL PETITION FOR DIVORCE

1.         Discovery Level

Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure.

2.         Parties

This suit is brought by , Petitioner. .

is Respondent.

3.         Domicile

Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period.

4.         Service

No service on Respondent is necessary at this time.

5.         Protective Order Statement

No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit.

6.         Dates of Marriage and Separation

The parties were married on or about January and ceased to live together as husband and wife on or about January .

7.         Grounds for Divorce

The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

8.         Children of the Marriage

There is no child under eighteen years of age or otherwise entitled to support who was born or adopted of this marriage, and none is expected.

9.         Division of Community Property

Petitioner believes Petitioner and Respondent will enter into an agreement for the division of their estate.  If such an agreement is made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement.  If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law.

10.       Separate Property

Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate property as Petitioner’s separate property and estate.

11.       Prayer

Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition.

Petitioner prays for general relief.

Respectfully submitted,

Once you file the case, you then then to prepare the final decree of divorce and waiver to prove up your “divorce agreement.”

Divorce Agreement Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

Texas has sixty day waiting period for which you must wait to prove up your divorce agreement.  After this 60 days, the court requires that the petitioner appear once in court to answer several questions about the dissolution of the marriage.  Once you make the court appearance, Judge typically signs that same day, then your case become indexed in the county records and is considered final 30 days after judge signs the order.  This is due to the ability of a party to file a motion for new trial within the day window.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

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