Do we have to go to the court to get a final divorce?

My husband and I are both non-US citizens and working in Texas with J1 visa. We
got married in US and now agree to get divorce. We don’t have property or
children to separate. Do we have to go to the court to get a final divorce? Or we
can just sign up some files?

Asked on January 2, 2019 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

At least one spouse has to give some basic testimony at what is called a "prove-up hearing."  It usually lasts only five minutes and it's basically one of the spouses saying, "We were married, but our marriage is over.  We have reached agreements and we want the judge to sign a decree granting us a divorce." (paraphrased).  
Historically, most courts have required the personal appearance of one spouse.  However, if both spouses have signed the decree, some judges are permitting testimony via phone or affidavit.  If getting to the courthouse is the issue, call the court coordinator to see if this is an option in your case.


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