Legal Question in Family Law in Texas
temporary orders related to divorce suit
scenario: divorce suit filed back in 09/06 by wife, to this day I have not been served with any papers. A court hearing was originally set for 10/31/06 - that date passed, nothing happened and she requested her attorney file an extension of TRO's which was done on 11/06/06. A new hearing was set for 11/17/06, that date also passed, again nothing happened; no new court date has been set and no extension of TRO's has been filed by her attorney - did the temporary orders expire or get cancelled? If I file a countersuit along with my TRO's could my TRO's supercede hers so I can take possession of my children?
1 Answer from Attorneys
Re: temporary orders related to divorce suit
TRO's are only good for a max of 14 days without a hearing. No hearing - no TRO. Without a hearing, also no temporary orders. If you have not been served, then how are you going to respond? If you have knowledge of the pending suit (as I guess you do), then your counterclaims will be your appearance for all purposes if that is what you want to do. This is not as easy as you make it sound. You would be better served to hire an attorney to assist you with this.
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