Full question:
I am incarcerated and have filed a petition for divorce with a waiver of appearance. My wife didn't show up to our court date to sign the final decree. She was served by a sheriff and doesn't contest the divorce. She even called the court coordinator and told her she was in agreement but could not attend the hearing that day. So, the date has been rescheduled for later on this month. I know she really doesn't want to sign anything. She is only playing games. I do have a friend with a Power of Attorney to take care of all my legal matters. My question to you is: how do I finish my divorce without being able to show up for court?
- Category: Divorce
- Date:
- State: Texas
Answer:
In Texas, even if both parties agree on the divorce terms, at least one must appear before the judge to provide sworn testimony, known as a "prove up." This is necessary for the judge to determine if the legal requirements for divorce are met. If your wife does not appear or contest the divorce, you may still need to present evidence supporting your petition's claims.
It is possible to obtain a default divorce decree if the other party fails to respond, but local court rules vary. I recommend contacting the clerk of court to ask about the procedures for default divorce decrees and whether you can provide testimony through a sworn written statement. According to Texas law (Tex. Fam. Code Ann. § 6.701), a divorce petition cannot be taken as confessed if the respondent does not file an answer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.