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.
General Issues Related to the Divorce
- 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?
Questions Related to Minor Children
- 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 the 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?
Questions Related to Marital Property
- 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.
Contact the Proven Family Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we have extensive experience protecting the rights of men and women 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 e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.