The Things the Court Will Need to Know to Dissolve Your Marriage
When it comes time for the court to determine whether or not to grant your request for a divorce, you’ll need to appear in court to confirm that you meet all the legal requirements to terminate your marriage.
Often, your attorney will walk you through a series of questions to demonstrate that you have met the legal requirements. The judge may or may not ask you additional questions. Here’s what you can expect to be asked.
- Your full name—The court needs to confirm who you are.
- The name of your spouse
- Whether or not you have lived in the state of Texas for at least six months—You cannot legally obtain a divorce for 180 days after moving to Texas.
- Whether you have lived in the county where you filed your divorce complaint for at least three months (90 days) prior to filing
- The date of the marriage that you seek to dissolve
- Whether you have stopped living together with your spouse and, if so, the date that you stopped cohabitating
- Whether you believe that there is any reasonable belief that you and your spouse can resolve your differences and reconcile
- The basis for the termination of your marriage—Do you have cause or are you seeking a no-fault divorce? Is there discord, disagreement, or conflict such that the “legitimate ends” of the marriage have been irreparably destroyed?
- Are there minor children of the marriage who are not legally emancipated?
- Have you worked out an arrangement regarding managing conservatorship of the minor children, as well as access or visitation by the non-custodial parent?
- Have you been to court to establish a parent-child relationship involving you, your spouse, and your minor children?
- Do your children own any property other than personal effects, such as clothing, books, electronics, etc.?
- Is a female party to the divorce currently pregnant with a child of the marriage?
- Has there been any evidence or incidence of domestic violence during the last two years?
- Are you in agreement regarding visitation, payment of child support, and coverage of health insurance for any minor children?
- Do you believe that the arrangements you have made regarding custody (managing conservatorship) and visitation (access) are in the best interests of the minor children?
- Have the parties reached an agreement regarding the allocation of marital debts and assets?
- Do you believe the proposed distribution of marital property and obligations is just?
Once you have answered all of the questions above, the court will ask if you want a divorce. The court may also ask if you wish to change your name as a part of the divorce. If you indicate you want the divorce, the judge will then sign the final decree of divorce.
At the law office of Bailey & Galyen, we have extensive experience protecting the rights of clients throughout Texas in all matters related to divorce. We offer a free initial consultation to every client.
To speak with a compassionate and dedicated divorce and family lawyer, contact us by email or call us at 844-402-2992. You also can call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.
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