HollySchymik

An “impartial” third-party appointed by the court to assist the parties in resolving issues relating to parenting and other family issues arising from an order in a suit affecting the parent-child relationship.” The Parenting Facilitator mediates, monitors, educates and refers to additional services as needed. While both parenting coordinators and parenting facilitators help co-parents identify a parenting plan and assist the family in dispute resolution to minimize disputes in the future, a parenting facilitator has a great scope of responsibility in a case. The facilitator may report to the court and be called to testify.

A “Parenting Plan” is a temporary or final court order in a divorce or other suit-affecting the parent child relationship that sets out the rights and duties of parents in a suit affecting the parent-child relationship and includes provisions relating to conservatorship, possession of and access to a child, and child support, and a dispute resolution process to minimize future disputes.

Any person who has been served or filed an appearance with the court pertaining to a lawsuit. In a divorce action, the parties are typically just the spouses involved in the case, but sometimes also include other parties such as intervenors.

A court’s ruling determining the legal father of the child in question.

A document filed with the court that begins a divorce case. The petition informs the court that the petitioning spouse wants the divorce, the grounds for divorce and basic statements regarding the relief requested by the petitioning spouse. Under Texas law, the petition for divorce must be on file with the court for at least sixty days before the court may grant a divorce, even if both parties are in agreement and the divorce is uncontested.

The party who files a petition for divorce or other lawsuit in the family law courts.

A request that asks the Court to change an existing written decree or order. The modification requested usually relates to conservatorship, child support, or possession issues between former spouses.

A request filed with the court that can take the form of a petition, motion, or an answer to a petition or motion.

The parent who does not have primary custody of the child, but has the right to visitation and possession through a fixed schedule determined by the court. This parent is usually responsible for paying child support to the other parent.

The division of community property and debts of the parties by the court in a divorce action. The division must be “just and right”. “Just and right” is not always 50/50 under Texas law. In making a “just and right” division, the court may take into account factors such as fault in the break up of the marriage, disparity of earning power between the spouses, health or the spouses, education and future employability of the spouses, the spouse to whom conservatorship of the children is granted. Most importantly, the court cannot award the separate property of one spouse to another in the division of property.

A person who has chosen to represent themselves, and not to have an attorney representing them in court.

The process of finalizing your divorce which legally ends the marriage. To prove-up the divorce, one of the parties to the divorce (most commonly the Petitioner) appears with their attorney in front of the judge at a hearing and recites certain necessary information required for the court to approve the terms of the divorce and grant the divorce.

A "qualified domestic relation order" (QDRO) is a domestic relations order that creates or recognizes the existence of an alternate payee's right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that includes certain information and meets certain other requirements.

Under Texas law, either party to a divorce suit may assert a claim for reimbursement under certain circumstances. Reimbursement is a procedure through which a spouse can obtain an accounting between the community and separate estates of the spouses. The concept of reimbursement stems from the notion that the community should be responsible for community debts, and a spouse's separate estate should be responsible for the separate debts of that spouse.

At least one spouse must have been "domiciled" in Texas for six months, and a "resident' of the county where the suit is filed for ninety days, before the petition may be filed. It need not be the party filing the divorce action who meets the residency requirements.

The person who is a suit is brought against by the Petitioner.

A motion before the start of testimony in a case that can be made by any party through their attorney. If any party invokes the rule, the court is required to swear in all lay witnesses who will testify in the trial in the case and excluded them from the courtroom. The “Rule” does not apply to expert witnesses.

A binding agreement signed by both parties or entered into the court’s record acknowledging the parties agreement to resolve certain disputed issues.

All property that either party to a divorce action can provide that they owned prior to marriage or property acquired during the marriage by gift or inheritance. The burden of proof to establish that property is a spouses’ separate property is “clear and convincing evidence”. If this burden is met with respect to an item property owned by a spouse, the court is required to set aside and award that property to the spouse who has established that they owned the property prior to marriage or acquired it during marriage by gift or inheritance.

The act of providing the other party, through their attorney of record, with a copy of the documents you have filed with the court.

The procedure employed to give legal notice to the other party of the filing of the lawsuit and of the court’s exercise of its jurisdiction over that them so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents (called "process") along with a citation to the person to be served

A survey of home life and surrounding circumstances of the parent and child ordered by the court.

This is the possession plan created by the legislature that is deemed to be in the best interest of a child. LINK.

In certain counties, including Dallas, Collin, Rockwall and Denton county, a standing order must be attached to the initial pleading filed in any divorce or suit affecting-the parent child relationship. Unless modified by the court, the standing order is in effect throughout the pendency of the case, and gives the court’s rules regarding prohibited and permitted conduct of each party during the case. LINKS TO DALLAS COLLIN ROCKWALL AND DENTON ORDERS.

A document issued by the court requiring a witness to appear in that court and/or provide documents related to the case at hand.

Court orders that divide parental rights are called Suits Affecting the Parent - Child Relationship (SAPCR orders) . SAPCR orders can be part of a divorce or paternity case. If paternity is already established and the parties aren't divorcing, the case is simply called a Suit Affecting the Parent-Child Relationship. SAPCR cases are governed by Subtitle B of the Texas Family Code.

Hearings held before the case goes to trial to determine rules and orders that will apply to each party during the pendency of the lawsuit and before the final judgment.

These orders come out of temporary hearings before the court, but can also be made through agreement of the parties, and give the court’s rules regarding the conduct of each party during the trial. These orders can determine spousal maintenance, visitation and custody rights, child support, spousal maintenance and use of the marital residence during the pendency of the case.

Also known as a “TRO”. This order is usually entered at the start of the divorce proceeding and prohibits one spouse from harassing or harming the other spouse or their child. It may also apply to property held by the other spouse.

Support paid to a spouse only during the time the divorce is pending.

If either party had separate assets before and during the marriage, tracing may be required to prove the property claimed is separate property by “clear and convincing evidence”. Tracing may be required if separate and community assets have been commingled. The rules can become very complex and require the testimony of expert witnesses versed in accounting and sophisticated financial transactions.

The formal hearing before the court in which both parties are allowed to present witnesses and evidence that support their claims. The parties and any witnesses they call give sworn testimony and present evidence to the court. At the conclusion of the trial, the judge or jury issues it ruling on the evidence present.

A new trial by a different tribunal (de novo is a Latin expression meaning 'afresh', 'anew', 'beginning again,' hence the literal meaning "new trial").

A case in which the other spouse does not plan on stopping the proceeding by the court in order to dispute any issues related to the ending of the marriage.

Under Texas law, a petition for divorce must be filed with the court for at least sixty days before the court may grant that divorce, even if both parties are in agreement and the divorce is uncontested.

A document that a party signs which acknowledges that they have received the original petition. Waiver of service is a document in which the party acknowledges that they have received the original petition filed in the case and wishes to waive the service of process. (Meaning they do not wish to have a private process server or police officer show up at their door step at an awkward time to serve them with papers which indicates “they have just been sued”.) It also acknowledges to the court that they have entered an appearance known as an answer.