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The vast majority of divorces in Texas are not based on fault, and the vast majority of these are settled out of court. Every divorcing couple whose case isn’t resolved in court, however, must have a prove up hearing to finalize the matter and establish their divorce terms. After this hearing, your divorce will be finalized, and you can continue moving forward.
Better understanding how to move from filing for divorce to the prove up hearing that finalizes it can help smooth the way, and an important step that you can take in this direction is working closely with an experienced Killeen divorce attorney from the outset.
Divorces in Texas
Divorces in Texas are either fault based or no fault, and no fault divorces are based on what Texas divorce laws call insupportability, which most people refer to as irreconcilable differences.
When a divorce is based on fault, such as cruelty or adultery, the spouse making the claim must prove the other’s wrongdoing, which means these cases are almost universally resolved in court – making them contested divorces. Most no fault divorces in Texas are settled out of court, which makes them uncontested cases.
As long as your divorce case is uncontested – or as long as your terms are settled out of court – you’ll only need a prove up hearing to finalize the legal matter.
The Prove Up Hearing
While uncontested divorces are divorces in which the terms are already resolved, this doesn’t necessarily mean that getting to this point is an easy matter. In fact, most Texas divorces require a considerable amount of negotiating before the involved couples find middle ground. Once you do, the last piece is the prove up hearing, which many divorcing couples find confusing.
Your respective divorce attorneys will compose your final divorce agreement, and this will be presented to the judge at your prove up hearing. Generally, Texas courts carve out time in their morning dockets for uncontested divorces, and yours will be included in that docket.
The Process
When the judge calls your case on your assigned date, you and your divorcing spouse will each stand and take an oath. At this point, your respective lawyers will ask you specific questions about the agreement you created together. The judge may have follow-up questions, and your attorney may have a few final questions that help establish how thorough your agreement is.
From here, the judge will review the papers filed in your divorce case. In most cases, the prove up hearing is something of a formality. Only if the judge has reason to believe the agreement isn’t fair or is otherwise off-kilter will they require that changes be made.
Depending upon the circumstances involved, only one of you – you or your soon-to-be ex – may be required to attend the prove up. Your focused divorce attorney will let you know what will work best in your unique case.
The Questions
Divorce is a journey, and you’ve made it this far, which is something to be thankful for. Further, there is absolutely no reason to get excited about your prove up hearing. The judge is likely to ask mostly yes or no questions, and because you’ve been directly involved in your divorce, you’re almost guaranteed to know all the answers.
Additionally, your attorney will go over everything with you ahead of time to help ensure you know what to expect and to help ensure you are comfortable with the process. To make things even easier, your attorney will be right by your side.
Generally, prove up hearings are far less anxiety provoking than participants expect, and once yours is over, you will walk away divorced, which is the first step into your post-divorce future.
Whether Your Case Involves Children or Not
At your prove up hearing, you’ll need to produce an Affidavit for Prove Up of Agreed Divorce. There are separate affidavits for those cases that involve children and those that do not involve children.
Tips for Court
If you’re headed to court for your prove up hearing, there are some tips that can help you proceed with confidence.
Be Organized and Appropriate
Divorce laws in Texas hinge on legal details, which makes being organized a must, including:
Keep accurate records and bring everything you need to court with you. Your seasoned attorney will likely take care of all of this on your behalf, but if you’re instructed to bring something, follow through.
Allow yourself ample time to arrive at the courthouse with a 30-minute cushion to account for parking, passing through security, and finding the courtroom your case is assigned to.
Wear clean, well-fitting clothing that is both comfortable and appropriate for court. Think about how you would dress for a job interview and allow that to guide you.
Only take what you need into the courthouse and expect it to be inspected.
Because you won’t know exactly when the judge will call your case, allow yourself several hours for this final step in the divorce process.
Remember that you can’t carry a gun into the courthouse, so if you carry one, leave it at home. Further, most Texas courtrooms don’t allow minor children – except under appropriate circumstances – so make sure that you address childcare ahead of time – as applicable.
Be Respectful
Everyone in the courtroom is expected to treat the process and the officers of the court with respect, which extends to all the following:
As soon as the courtroom opens, go inside and let the clerk or officer know that you’re there.
Remain calm and polite and treat everyone with respect throughout the process.
Do not interrupt the court proceedings.
Make sure to turn your phone off – or to silence all calls.
Don’t bring food or drinks into the courtroom, and don’t chew gum.
When the judge enters and exits the courtroom, stand up, and unless you are in the witness stand, stand when you speak to the judge.
Remember that your case may not be called right away and be prepared to wait patiently.
Regardless of how frustrated you may become, don’t argue with the judge. If there is an issue that needs to be resolved, your practiced divorce attorney will address the matter with you.
If a friend or relative accompanies you to court as moral support, make sure they adhere to these same guidelines.
When Your Case Is Called
There are several points to keep in mind regarding when the judge calls your case, including:
Stand up when your case is called.
Allow your attorney to speak on your behalf – except in those instances when the judge asks you direct questions.
Address the judge as your honor or as judge – followed by their last name.
Follow the judge’s directions and your attorney’s guidance as the hearing proceeds
It may help to remember that no one is there to trip you up and that the court understands you may be uncomfortable in your role. Just do your best and cut yourself some slack if you slip up a time or two.
Answering Questions
Once the judge begins asking you questions, keep all of the following in mind in relation to your responses:
Treat the judge with the same degree of respect that you afford the court as a whole.
Wait until the judge has finished speaking before you answer.
Answer each question as truthfully as you can and don’t embellish or exaggerate.
Respond with complete answers but keep them as brief and concise as you can.
If you don’t know the answer to the question your asked or don’t understand it, let the judge know by saying I don’t know the answer or I don’t understand the question.
When the answer is yes or no, respond clearly with either yes or no and don’t resort to shaking or nodding your head or to responding with words like yeah or nah.
The Timing of Your Divorce
In Texas, every divorcing couple is required to wait at least 60 days after filing before their case can be finalized. This means that the soonest a divorce can be finalized – other than in cases that are predicated on domestic violence – is on day 61. However, most divorcing couples require significantly more time to effectively resolve their divorce terms.
If you and your divorcing spouse are able to hammer out terms that you both agree to in fewer than 60 days, the matter of when you get on the court’s docket for your prove up will determine how quickly your divorce can be finalized.
If you make it on the docket for day 61, you’ll be among the few Texans who obtain divorces as quickly as they possibly can. It’s not unusual, however, to be pushed out several days – or more – in accordance with how full the court’s schedule is.
The Terms of Your Divorce
The terms that you’ll need to resolve before your divorce can be finalized fall into four basic categories.
Your Child Custody Arrangements
If you and your divorcing spouse share children, you’ll need to resolve the matter of how you will divide your time with them, which is your parenting time schedule, as well as the matter of legal custody, which refers to decision-making authority.
The kinds of decisions addressed by legal custody include all the following
Where your children’s primary home is located
The education and childcare your children receive
The medical care your children receive
Your children’s religious upbringing
The extracurriculars and travel your children participate in
When it comes to parenting time, you and your ex will either divide your time with the kids somewhat evenly or one of you will take on the role of primary custodial parent. The court has a range of standard parenting time schedules, but you and your children’s other parent can also devise one that better suits your family’s unique needs.
The Division of Your Marital Property
The assets that you and your spouse – or either of you separately – acquired during your marriage are considered marital property, which must be distributed between you fairly upon divorce. While fairly here can mean evenly, it doesn’t always.
Those assets that either of you owned prior to your marriage – and that you kept disentangled from your marital financials – remain the separate property of that spouse, but there are a range of complicating factors that can interfere with an asset’s distinct separation.
Child Support
You and your children’s other parent are both required to support your children financially post-divorce, and the state’s child support program sets the terms. While many different factors help guide this calculation, the parent who earns more generally makes the child support payments – even in those cases when parenting time is split evenly.
Alimony
Texas calls alimony spousal maintenance, and it only applies in those divorces in which both the following factors are present:
One spouse is left without the financial means to provide for their own reasonable needs.
The other spouse has the financial means to help.
When one spouse is awarded alimony, it’s generally ordered for an amount and duration that allows the recipient to gain greater financial independence through further education, job training, or the acquisition of job skills.
Turn to an Experienced Killeen Divorce Attorney for the Help You’re Looking For
Brett Pritchard at The Law Office of Brett H. Pritchard is a trusted Killeen divorce attorney who will spare no effort in his quest to skillfully guide your case toward a favorable resolution. Our savvy legal team is on your side and here to help, so please don’t wait to contact or call us at 254-781-4222 and schedule your free consultation today.