The issues in a family law case that would most typically be tried separately are property issues, informal marriage, and the question of managing conservatorship.
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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Separate Trials
This Motion for Separate Trials is brought by [name of movant], [party designation], who shows in support:
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Select 1.–3. as applicable. |
1.The issues pertaining to managing conservatorship of the child[ren] are unrelated to any matters involving characterization or division of the property, which are so complicated as to unduly hamper the proceedings with regard to conservatorship. To try both issues together would unduly detract from the issues concerning the child[ren].
2.Trying the conservatorship and property issues simultaneously would serve as an economic waste to the parties concerned with regard to the payment of attorney’s fees for the [ad litem/amicus attorney], who would unnecessarily incur expense for attendance at court during trial on the property issues. It would cause an unnecessary burden on witnesses to be placed on standby for what could amount to several weeks.
3.Trying the issues of the validity of the informal marriage, divorce, and property division in the same proceeding would result in unnecessary expense for the parties, if an informal marriage is found not to exist by the trier of fact. The facts developed during a separate trial on informal marriage would be germane to a second trial on divorce and property issues only if the fact finder finds that an informal marriage exists.
[Name of movant] prays that the Court grant the Motion for Separate Trials.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]