How divorce works?

[brushtrooper]

Stupid title but that's my question and looking to the GS for experience and advice.
My son is currently deployed and we are helping with the divorce. She filed and has possession of their child of 6 months old. We have an attorney and so does she, so we are all lawyered up now. We currently have a hearing that her attorney filed for on January 17. Our lawyer tried for earlier date but there are non to be had. Our lawyer has sent temporary orders for visitation and I know she met with her lawyer today. From what I understand she did not sign. Does she have the right to not sign any temp orders and wait until 1/17? We meet with our lawyer in the morning but I am trying to understand this whole process. I am guessing she does not have to agree to temp orders and can take this to 1/17? Then at that point a judge will assign temp child visitation terms? Then we proceed to mediation to see if they can agree to terms of the divorce?
My son is going home soon and should have leave late December. Is there a way for him to visit his son?
I am trying to get a better understanding. I know our lawyer will answer and help but as we all know they are not cheap.

[Lawhunter]

I think you are confusing some legalalise. She cannot refuse an order of the court. However, she does not have to consent to anything that the judge has not ordered.

[brushtrooper]

I think you are confusing some legalalise. She cannot refuse an order of the court. However, she does not have to consent to anything that the judge has not ordered.

Please explain more if you do not mind. Since she has the child, we do not have a court date until 1/17. Does that mean she is free to do as she wants with the child? So when he comes in for leave around Christmas, basically he has no rights to see the child?
Unless they offer counter afor temp orders that we agree to, then he is pretty much SOL on seeing his child?

[SC-Texas]

She is free to do with the child what she wants. That said, a judge would look very harshly on her if she refused to let her husband in the child's father have visitation when he is home on leave

What County is this in?

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[ckamp52]

Until things are final or temp orders are actually in affect both parties have legal rights to the child. I am unfortunately forced to be in a similar situation at the moment and this is what i was told by my lawyer


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[brushtrooper]

She is free to do with the child what she wants. That said, a judge would look very harshly on her if she refused to let her husband in the child's father have visitation when he is home on leave

What County is this in?

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Nueces County

[SC-Texas]

Nueces County

How old are the kids?

Lawyers can enter into a rule 11 agreement regarding visitation while your son is on leave

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[Humper]

You have a lawyer. Can’t he/she answer these questions?

[COACH_EM_UP]

You have a lawyer. Can’t he/she answer these questions?

Pretty much what ibwas thinking. Maybe he is just looking for reassurance from TBH brothers that may have gone through a similar situation. Maybe just confirm what he is thinking.

[deerplanter]

Talk to your lawyer and get the correct answer, deer lease lawyers are rarely right. I went thru this a long time ago and both my daughters went thru this last year and each case has different outcomes.

[Traildust]

Good luck on a bad situation! Hate to hear it when children are involved.

I always remember a post I saw on here years ago : You know why divorces cost so much? Because they are worth it!

[BrandonA]

Pretty much what ibwas thinking. Maybe he is just looking for reassurance from TBH brothers that may have gone through a similar situation. Maybe just confirm what he is thinking.

As a person who spent 200k in attny fees in a divorce the more educated I am before talking to lawyer less expensive it will be. Everytime the lawyer talks to you it’s $$. Less he talks and more you understand the better

[Traildust]

As a person who spent 200k in attny fees in a divorce the more educated I am before talking to lawyer less expensive it will be. Everytime the lawyer talks to you it’s $$. Less he talks and more you understand the better

You coulda got a cartel hit man for $20K.....so I hear.

[brushtrooper]

I am seeing the lawyer this morning. As COACH EM UP referenced every time you speak with a lawyer it costs money. I was looking to hear what others have had to go through in similar situations and the specifically the process/steps involved-this what I do not understand. I do not understand why she can refuse the temp. visitation. Why she can control the visitation settings for the child at this point in the divorce process. The child is 6 months old. I am trying get a better grasp on the process without paying the attorney to teach me every little detail, I am in uncharted territory for me. I have just heard horror stories from co workers where they make a small decision and it is flipped on them and turns into a big deal that hurt them in the divorce. I am not asking for deer lease lawyers per say. Anyways I appreciate it.

[BrandonA]

I am seeing the lawyer this morning. As COACH EM UP referenced every time you speak with a lawyer it costs money. I was looking to hear what others have had to go through in similar situations and the specifically the process/steps involved-this what I do not understand. I do not understand why she can refuse the temp. visitation. Why she can control the visitation settings for the child at this point in the divorce process. The child is 6 months old. I am trying get a better grasp on the process without paying the attorney to teach me every little detail, I am in uncharted territory for me. I have just heard horror stories from co workers where they make a small decision and it is flipped on them and turns into a big deal that hurt them in the divorce. I am not asking for deer lease lawyers per say. Anyways I appreciate it.

If it is just temp orders drawn up by attny 's its nothing more than recommendations on both sides. The only orders that matter are the ones the judges sign. You can ask your attny to try to get an emergency hearing and have temp orders drawn up by the judge.