Legal Question in Family Law in Texas

I am trying to divorce my wife. We were married in Texas. My family lives on the east coast. I am planning to move otu there to be closer to my family. Do I have to be present for my court date or is there something that can be worked out if I'm out of state.


Asked on 6/12/13, 5:56 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

In Texas, you need to be present in order to finalize the divorce. One of you needs to testify under oath in front of the judge to a series of questions in order for the judge to sign the Final Decree of Divorce.

If it is all agreed then the divorce can be finalized after the 61 day waiting period.

I assume that you do not have an attorney representing you. If you have an attorney, then you need to talk to your attorney about your options.

I have done divorces where the wife (other party) appeared and finalized the divorce, is your wife willing to do it? If she does not appear, then you would have to fly back and do it. If neither of you appear, then the judge will eventually dismiss the case and you won't be divorced.

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Answered on 6/13/13, 8:49 am


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