Legal Question in Family Law in Texas

Re: Now ''What do I do?''

Clearly there is some property or custody dispute involved here. It is unusual then, for it to be dormant. Do you have Temporary Orders in place? In the counties where I practice in a contested divorce, it is normal to have a Temporary Orders hearing first to give everyone some rules to live by while the divorce is pending. Generally both parties exchange discovery, and then attend mediation. If none of that leads to settlement, then the parties prepare for trial, scheduling depositions and lining up witnesses. As you can see, a contested divorce can become an extremely expensive proposition. Your attorney may be 'dormant' right now for a good reason, including waiting for the balance of his fees to be paid. Talk to him or write him politely. If you need to invest more money to jumpstart this process then do so. Otherwise, it may be time to schedule a meeting or mediation to try to resolve the issues with the least financial cost. If you can get no satisfaction from your current lawyer, then you need to find a new one that you are comfortable working with. TCL

Re: Now ''What do I do?''

Ms. Langford's comments are definitely sound. Many things can stetch out the time to finalize a contested divorce. However, you absolutely have the right to be informed about what is happening. I agree with Ms. Langford that you should attempt to contact your attorney and make sure he answers all questions to your satisfaction. If, however, your attorney is truly avoiding you, and fails to answer or return phone calls or letters, that is a problem.

The Texas Disciplinary Rules of Professional Conduct, which governs the conduct of Texas attorneys, states:

Rule 1.03 Communication

(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly

comply with reasonable requests for information.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to

make informed decisions regarding the representation.

If you have made reasonable attempts to contact your lawyer for information, and he still avoids you, you can contact the Texas State Bar Grievance Hotline, and they will investigate the matter and take action as necessary. This website will not let me post any phone number, so if you want the number, please feel free to contact me directly and I will give it to you. I do stress, however, that this should be a last resort, after you've made reasonable attempts to contact your attorney directly. Good luck!

Re: Now ''What do I do?''

If the divorce was in Harris county, the court has or will shortly issue a trial scheduling order. Many judges will dismiss the divorce on that date if you have not been to mediation.

Therefore, you need to contact your attorney immediately and find out the trial date.

Good luck!

Fran Brochstein

www.familylaw4u.com