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 there is a complete agreement of the parties on all parts of the divorce action that are all contained in a proposed Agreed Decree of Divorce (signed by all), at least one of the parties must appear before the Judge and give sworn testimony. This is called a "prove up." If the Judge determines that the testimony meets the legal requirements for a divorce, the Judge will will sign the Decree of Divorce.
Unlike other civil cases in which a defaulting defendant is presumed to admit the petition’s
allegations regarding liability and liquidated damages, the allegations in a divorce petition are not
admitted by a defaulting defendant. Tex. Fam. Code Ann. § 6.701 If a respondent in a divorce case fails to answer or appear, the petitioner must still present evidence to support the material allegations in the petition. It may be possible to have a default divorce decree granted when one party fails to answer a divorce complaint. Local court rules vary by court. I suggest calling the clerk of court to inquire about procedures for default divorce decrees and whether testimony may be given at the prove-up by way of a sworn written statement.
The following is a Texas statute:
§ 6.701 FAM. Failure to Answer
In a suit for divorce, the petition may not 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.
