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How can the Petitioner appear in court and finalize a divorce in Texas if the Respondent is out of the state and unable to?

Dallas, TX |

My husband filed for an uncontested divorce in Texas several months ago. I filed my Waiver of Citation, and then the Decree of Divorce was filed and approved.

Originally, I was told by the court that after the decree was approved, I (the respondent) could appear in court to finalize the divorce. However, now I am being told my husband (the petitioner) must appear. However, he is out of the state on business for the next 4 months.

Is there any way I (the respondent) can appear in court to finalize the divorce? It is uncontested and we have signed a Marriage Settlement Agreement. I'm not looking to change it.

I am in contact with my husband and he is willing to sign any other necessary forms. It is just in both of our interests to avoid waiting until he is back in Texas in a few months

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Attorney answers 2

Posted

Has a proposed final divorce decree been drafted? If it has, and your husband has signed it acknowledging his approval to the form of the decree (or his attorney if he is represented), then you should be able to set the matter for final hearing to present the final divorce decree to the Judge for approval. You will need to "prove up" the facts pertaining to the divorce in Court, that all terms are in the best interest of the children, if children are involved, that the property division is a just and equitable division, etc.

I hope this helps.

Good luck to you.

The information above is for informational purposes only, is not intended as legal advice, and does not create an attorney/client relationship.

Posted

So long as there is an agreement signed by both parties, either one can appear in court to "prove-up" the facts of the divorce and the agreement. The court won't care who appears to recite the 5 minute or less of testimony.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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