There was another twist in the Kim Kardashian and Kris Humphries divorce this past Friday. As reported by ABC News, Kris Humphries failed to attend a mandatory settlement conference in the divorce action on April 12, 2013. The purpose of this hearing was to see if the parties were able to reach any kind of an agreement as to the final terms of the divorce before there is a final trial before the Court. As a result of Kris Humphries actions, the Judge on his own motion set a hearing for Kris Humphries to show cause as to why sanctions should not be imposed against him for his failure to attend the April 12, 2013 mandatory settlement conference. A hearing on the sanctions is scheduled to occur April 19, 2013. The case is set for a final trial on May 6, 2013.

During a divorce in Texas, there may be hearings and required conferences with the Court. It is important to communicate with your lawyer to find out whether or not your presence is required. There are many types of hearings where a litigant’s presence is required and a litigant’s attorney’s appearance on behalf of a litigant will not suffice. I always tell my clients prior to any hearing whether or not their presence is required. Even if my client’s presence is not required, I always invite my clients to attend any and all hearings in their divorce no matter what the purpose of the hearing.

Just like in the California court where Kim Kardashian and Kris Humphries divorce is pending, a Texas Court can award sanctions and attorney’s fees against a party for his/her failure to attend a hearing as well as a possible default of the matter that was scheduled to be heard before the Court.

Stayed tune for my future blogs regarding the April 19, 2013 sanctions hearing as well as the May 6, 2013 final trial in the Kim Kardashian and Kris Humphries divorce.
 

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.