Can the Process Be Completed Without a Court Appearance?
Your marriage is over, you’ve filed for divorce and you’re ready to be done…do you still have to appear in court to finalize everything? Can your attorney handle it all for you?
Choosing Not to Contest a Divorce
Studies show that nearly three of every four divorces involve no contested issues. One of the common contributing factors for deciding not to contest a divorce is a desire to finalize the process without having to appear in court.
Will I Have to Go to Court to Finalize My Divorce?
In Texas, whether or not you have to appear in court to finalize your divorce depends on two factors: whether the divorce was contested, and where the divorce was filed.
If there are any terms of your divorce upon which you and your spouse cannot agree, i.e., if your divorce is contested, you must appear in court at some point during the proceedings. The court will want you there in the event there are questions that need to be asked to clarify any contested issue. If you don’t appear, the judge may still conduct the hearing and make decisions without your input or involvement.
If, however, you and your spouse have no issues in dispute, many counties will allow you to file an Agreed Final Decree of Divorce, which may be done online or by mail. In some jurisdictions, the court may still require at least one of the parties to attend what is referred to as a “prove-up” hearing, where the terms of the divorce are set forth.
Contact DTX Family Law for Guidance in a Texas Divorce
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At DTX Family Law, we always give top priority to the needs and best interests of our clients. We know that the legal process can be complex and confusing, and we’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606. We can help you determine whether an agreement incident to divorce is in your best interests and can draft one for you, if necessary.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston