Posted by Mary E. Ramos | Divorce
A divorce is always a stressful time. While many other people have gone through a similar experience—nearly half of U.S. marriages end in divorce—that does not make it any easier for the people who are actually going through it. You may want to know: Are you required to go to court when you file for divorce in Pearland? The answer depends on several factors—though most people who file for an uncontested divorce in Texas spend little (if any) time in the courtroom. Here, our Pearland divorce lawyer provides an in-depth explanation of the most important things to know about court and divorce in Texas.
No Divorce Trial is Necessary With an Uncontested Divorce
The primary factor that will determine how much (if any) time you will be required to spend in court in Texas is whether your divorce is uncontested or contested. Here are the key things to understand about contested and uncontested divorces in Texas:
- Uncontested Divorce in Pearland, TX: An uncontested divorce is a divorce in which the couple has settled all material issues—from property division to child custody—on their own. Uncontested divorces are generally no-fault divorces. Under Texas law (Texas Family Code Sec. 6.001), couples can get a no-fault divorce on the grounds that their marriage has “become insupportable” due to “discord or conflict of personalities.” No person needs to prove that their spouse did anything wrong to justify a divorce. With an uncontested divorce, a trial is not needed. You will not need to go to court to have your divorce litigated.
- Contested Divorce in Pearland, TX: A contested divorce is a divorce in which the parties cannot always resolve family law matters on their own. As such, litigation will be required. If your divorce is litigated, you will be required to spend time in court. It is not uncommon for a divorce in Pearland, TX to start out as an contested divorce before eventually being settled as an uncontested divorce.
A Final Hearing is Required to Get Divorced in Texas—But In-Person Attendance May Not Be
For a divorce to be completed in Texas, there will need to be a final hearing. As Texas has a 60-day waiting period for most divorces, a final hearing cannot be scheduled until at least two months have passed since the divorce petition was filed. For couples getting an uncontested divorce in Pearland, the final hearing is more of a formality than anything else. With an uncontested divorce, a judge essentially needs to sign off on your divorce settlement.
In some cases, both spouses will attend the final hearing. In many Texas courts, it is possible to get a divorce where only one spouse actually attends the final hearing. Assuming there are no outstanding issues, neither party will be required to “testify” during the final hearing. The final divorce hearing is a relatively smooth, quick process if you have reached an uncontested divorce settlement with guidance from a Pearland family lawyer.
Most People Spend Little (If Any) Time in Court During their Divorce in Pearland
To summarize, most people spend little time in court when getting divorced in Pearland, Texas. With an uncontested, no-fault divorce case, it is likely that the only court appearance will be the final hearing. That final hearing is typically a formality. Further, only one spouse may be required to attend the final hearing.
Of course, it is possible that you could end up spending a lot more time in court in a divorce in Texas. If you and your spouse are unable to reach a settlement, divorce litigation may be required. Although only a small percentage of divorces in Southeast Texas are litigated, it is something to be aware of.
One of the best ways to protect yourself from a time-consuming, expensive divorce is to retain professional legal representation early on in the process. At the Ramos Law Group, PLLC, our Pearland divorce lawyers help people navigate the complexities of the legal process. We help our clients find solutions that are best suited to their unique circumstances.
Contact Our Pearland, TX Divorce Attorney Today
At the Ramos Law Group, PLLC, our Pearland divorce attorneys protect the things that matter most. If you are preparing to end your marriage, we can help. Call us now at 713-225-6200 or send us a message to arrange a strictly private consultation. Our law firm provides family & divorce representation in Pearland and throughout the region in Brazoria, Fort Bend, and Harris counties.
Last Updated on February 7, 2023 by Mary E. Ramos
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