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

UPDATED: Oct 1, 2022

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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


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

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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