Full question:
My daughter and grandsons live in Georgia with my wife and me. She's getting a divorce from her husband who lives in Texas. They're suppose to be in court in Texas on Thursday, but they have just now come to an agreement on everything. At this point, is there a way that the two of them could both sign a form to keep her from having to go to Texas since they are now in agreement?
- Category: Divorce
- Date:
- State: Georgia
Answer:
Even if both parties agree on all aspects of the divorce and sign a proposed Agreed Decree of Divorce, at least one person must appear before the Judge to provide sworn testimony. This process is known as a "prove up." The Judge will review the testimony to ensure it meets the legal requirements for divorce before signing the Decree of Divorce.
In Texas, unlike other civil cases, a defaulting defendant does not automatically admit the allegations in a divorce petition. If the respondent fails to answer or appear, the petitioner must still provide evidence to support the claims made in the petition. While it may be possible to obtain a default divorce decree if one party does not respond, local court rules can differ.
For specific procedures regarding default divorce decrees and whether testimony can be given through a sworn written statement, it's best to contact the clerk of court.
Relevant Texas statute: Tex. Fam. Code Ann. § 6.701.
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.