Do I Have to Go to Court to Get Divorced?
Going through a divorce is hard. There are many legal and logistical challenges. You may be wondering if a divorce case will land you in court. In Texas, the answer is “it depends.” A full trial is not required in most cases. Indeed, if both spouses can agree on all major issues, they may be able to finalize their divorce without ever setting foot in a courtroom. Here, our Pearland divorce attorney explains the key things to know about court and divorce in Texas.
Some Court Involvement is Required in All Texas Divorce Cases
The Texas State Law Library explains that a divorce is a judicial process. In other words, some degree of court involvement will be required for spouses who are going through a divorce in Pearland or elsewhere in Texas. Under Texas Family Code § 6.301, at least one party must file a divorce petition in a Texas district court with proper jurisdiction. Further, a final decree of divorce cannot be granted without judicial approval. Even when spouses agree on all terms (property division, spousal support, child custody, child support, etc.), a court must review and sign the proposed final divorce decree.
With Uncontested Divorces, Very Little Court Appearances are Required
Here is the good news for people who are getting divorced in Texas and want to avoid spending a lot of time in court: In uncontested cases, the process is streamlined. In many cases, it does not require a full hearing or any type of extensive court proceedings. In many counties, one party may appear virtually or submit an affidavit for a “prove-up” to finalize the divorce without a traditional trial. An experienced Pearland, TX uncontested divorce lawyer can help you negotiate a favorable divorce settlement that best protects your rights and limits the amount of time you have to spend in court.
You Will Have to Go to Court for a Contested Divorce in Texas
To be clear, the ability to largely avoid court is only true with uncontested divorces. An uncontested divorce is effectively a “settled” divorce. It is one that is fully resolved by the parties and merely requires court approval. On the other hand, a contested divorce could require many court hearings, potentially even a full trial. The court must resolve any unresolved issues before granting the final decree. Each party has the right to present evidence, cross-examine witnesses, and make legal arguments during the trial process.
Contact Our Pearland, TX, Divorce Attorney Today
At John Powell III, P.C., our Pearland divorce lawyer is committed to protecting the rights and interests of clients. You do not always need to make extensive court appearances to get divorced. If you are preparing for a divorce, please do not hesitate to contact us today. We provide comprehensive family law services to people who are going through a divorce. With an office in Pearland, we provide family and divorce representation throughout the region in Southeast Texas.