Fort Bend Divorce
January 29th, 2010While my office is located in the Galleria area of Houston (in Harris County), throughout my practice I have also handled divorce cases in Fort Bend County as well. Currently, my caseload is approximately 75% Harris County and 25% Fort Bend County. Here is a little bit of information about the Fort Bend County family law courts.
Fort Bend County has only two divorce courts (technically they are known as “family courts”), the 328th District Court and the 387th District Court. Both courts are located in the old courthouse at 401 Jackson Street in Richmond, Texas. The presiding judge for the 328th District Court is Judge Ronald Pope and the presiding judge for the 387th District Court is Judge Robert Kern. I have had many cases in both courts and find both judges to be fair, conscientious and dedicated to following the law in their rulings.
Judge Kern has been a Fort Bend County family law judge since 1999. Judge Pope has been on the bench in Fort Bend since 2003. The Associate Judge for the 328th District Court is Brenda Mullinix. The Associate Judge for the 387th District Court is Walter Armatys.
The handling of a divorce case in Fort Bend County is very similar to that of Harris County, although there are some significant procedural differences in practice. For example, in every Harris County family law court after a divorce case is filed the court will issue a Scheduling Order which will set that case for trial, with the trial date usually being six to nine months after the case was filed. In Fort Bend County there is no such automatic scheduling and in order to have a trial the lawyer for one of the parties (after meeting certain pre-trial requirements) has to request a trial date and have it set on the courts docket. So if neither party’s lawyer pushes the case towards trial it can remain pending for quite some time. This sometimes catches lawyers who aren’t familiar with Fort Bend procedures off guard, wondering when they will be set for trial.
Ultimately though, the same Family Code and Rules of Procedure and Rules of Evidence apply, so in practice a Fort Bend County divorce case is not all that different from a Harris County divorce case.
February 1st, 2010 at 12:52 pm
Scott,
Curiosity, how do you keep track of the different procedures in each county?
April 7th, 2010 at 5:39 pm
Hi Lloyd, I actually only take cases in two counties (Harris and Fort Bend), so it is not that tough.
April 21st, 2010 at 6:52 pm
Scott,
I am going to file for a divorce and in Ft. Bend County. Everywhere I have read says divorces are final 61 days after the day from filing. Are you saying it could take MONTHS before a trial date is given??
My wife and I agree on everything and she will sign the papers and we have no childen or property to split up. I thought I could just file myself with the court and the divorce be final 61 days from that time, no? Please help me, thanks so much…
April 25th, 2010 at 8:31 pm
Michael, that is a very common misconception. Actually the 60 day waiting period only means the judge CAN grant your divorce on day 61. Nothing automatically happens at that time. Only if all other requirements have been met (either service or waiver of service signed and filed, Decree of Divorce prepared and signed by both parties unless a default, prove up hearing done correctly, etc.) will the judge actually grant the divorce and sign the Decree.
August 24th, 2010 at 4:07 pm
I filed for divorce in Ft. Bend in Apr. 2008. Every time we have a trial date, Judge Pope says he doesn’t have time. It’s absolutely RIDICULOUS. Both parties are ready to go. Our trial has been reset 3 times. What in the heck does it take to get divorced in FBC? We even had a preferential date set.
October 5th, 2010 at 12:58 pm
Hello Scott,
How do Fort Bend County (387th) judges typically rule with regard to geographic restrictions? Do they normally support a father’s wish to have geographic restrictions in place? My fiance has a 1 year old and the mother recently decided to plan to move to Dallas with the child. There is no hardship for her and she has stably worked in Fort Bend for 12 years. She just wants to be close to her parents and states this would be more stable for the child to not have to go between houses (though she works 24 hour shifts so the child would still need to go between her house and her parents, and then with the father every other weekend, so to me does not seem like a rational argument). Of couse this is upsetting for the father since it will greatly restrict his ability to have a parental relationship with his child, who he currently has 2-4 days out of the week. The decree is written that he would only have every other weekend if she moves more than 100 miles. The case was originally decided in 387th. Any advice would be greatly appreciated. Thanks!
November 10th, 2010 at 1:20 pm
Scott,
In Fort Bend County, how long does it typically take once a person signs the Pro Se docket to their court date?
Thank you for your article.
Marci
November 17th, 2010 at 5:29 pm
Can you prove up a divorce in fort bend county with a signed mediation agreement and be officially divorced without a decree entered?
December 8th, 2010 at 4:20 pm
Debi, you cannot be officially divorced in Fort Bend (or any other county in Texas) without Final Decree of Divorce signed by a judge.
December 8th, 2010 at 4:23 pm
Hi Marci – I couldn’t tell from your comment what you meant by “signs the Pro Se docket.” If you meant how much time does it take between the beginning of the divorce case (ie, filing of the divorce petition) until the divorce is final, the answer is at a minimum sixty days (the mandatory waiting period). This presumes you have an agreement signed by all parties and all other requirements are met. If no agreement, then the case ultimately will require a trial which will take significantly longer, typically close to a year at least.
December 8th, 2010 at 4:28 pm
Hi Christy – Generally speaking most family law judges in Texas are strongly in favor of a reasonable geographic restriction to allow for both parents to be involved with the children. In fact, this bias is actually codified in the Texas Family Code. That being said, every case is different and it is very important that your fiancee have a very good lawyer to protect his interest on this very important issue. Once a final order is entered (by agreement or otherwise) that has no geographic restriction it is much harder to have one put in place.
December 8th, 2010 at 4:31 pm
Hi Susan – I understand your frustration. It is an unfortunate reality that cases that are ready for trial are frequently reset because the court’s schedule doesn’t allow the case to go forward at that time. Basically, you just have to keep going back for each trial setting until the court can hear you. This is one of the many reasons why a reasonable settlement is preferable to a trial, if that is possible.
January 18th, 2011 at 3:44 pm
Hello Scott,
Ive been separated from my wife for almost 9 months now no official paperwork of course. What is the process in which i would start to get a divorce going? We also have two children but no property.
January 28th, 2011 at 11:48 pm
Thanks for sharing the whole procedure and details about Fort bend country laws and courts.
best divorce lawyer
February 17th, 2011 at 3:03 pm
Dear Scott,
If a person doesn’t agree with the final divorce orders rendered by the Judge and yes in Fort Bend, does one have to sign the final divorce decree?
February 22nd, 2011 at 2:18 pm
I am finalizing my divorce in Fort Bend tomorrow. I have to go to trial tomorrow for geo restriction. My husband wants to restrict me to Fort Bend only. I just want Fort Bend and continguous counties. Our son lives with me. I take him to school everyday and to all his doctor’s appointments/baseball games. I work in Harris County. What are the chances that I will get restricted to Fort Bend?
May 3rd, 2011 at 5:11 pm
Your information was very helpful. I had been wondering how these cases got set for trial if the parties could not reach a settlement.
Thanks for the clarification.
Bob M
October 28th, 2011 at 7:09 am
Brenda, if you have a trial (not a settlement agreement) then the court grants the divorce on its own. The Divorce Decree after a trial is then normally signed by the lawyers and the judge, but not the parties. But it is just as binding as one with all signatures after a settlement.
October 28th, 2011 at 7:11 am
Chris, with children at issue I would definitely recommend that you hire a lawyer. It is too easy to mess up the Decree and end up with terms that limit your rights/access to your children.