Finalizing and Completing Your Divorce as a Pro Se Party in Texas

Choosing a pro se divorce in Texas can be challenging due to the complexity of the procedures and the emotional strain it involves. To navigate this process effectively, it’s crucial to gather comprehensive information about divorce. While this post doesn’t provide legal advice, it offers valuable insights to help you understand and manage your pro se divorce situation.

Attending a “prove up” hearing in a pro se divorce in Texas involves going to court to finalize your divorce. As a pro se party, you’ll need to present your final decree of divorce and any additional documents required for court approval and signature. To avoid delays and frustration, ensure you consult the court’s website and the clerk’s office beforehand to confirm you have all necessary paperwork. The last thing you want is to have your divorce delayed because you missed an important document, especially after taking time off work.

Default Divorce: Unanswered Petition Outcome

If you asked to have your spouse served with citation of the divorce and he or she never responded (answered) your petition, you may be attempting to get what is called a default judgment in your divorce. This means that you were able to draft and sign a final decree of divorce that reflects your desired outcomes in connection with the divorce. Your spouse was notified of the proceedings and chose not to participate. That is their loss. However, in order to get the judge to approve your default divorce you will need to provide proof of service. That proof of service (usually returned to the court by the process server or constable) must be on file at least ten days in order to be valid. 

You need to be sure that your spouse has not filed an answer before you attempt to move forward with a default divorce. I know this may seem silly, but you may not have been in contact with your spouse for years prior to your divorce. If you managed to locate your spouse for initial service, don’t assume that an answer was filed without your knowledge. Check the case website to confirm if any answer has been filed.

In a pro se divorce in Texas, no one will handle everything for you. You must review documents, verify filings, and decide on necessary actions. When representing yourself, it’s your responsibility to manage your case effectively.

What to do when you actually have to come to the courthouse

Many people, due to movies and television shows that play up courtroom drama, have an idea in their minds that all divorces wind up in a courtroom where a lot of yelling and screaming will resolve the case. I don’t want you to be one of those people. The vast majority of Texas divorces conclude in court but not in the kind of courtroom appearance that you may be envisioning. Let’s go through what a typical courtroom experience looks like for most people getting divorced in Texas. 

To Finalize Divorce: Court Appearance

Once you have ensured all necessary paperwork is ready, you’ll need to appear in court to finalize your divorce. This is usually just a short hearing where only you or your spouse need to appear. It is not contested and you do not need to give formal notice of your going to your spouse. You will essentially read some information from your final decree of divorce into the record for your case. This ensures that the judge can be certain that all necessary parts of a divorce decree are addressed.

In a pro se divorce in Texas, it’s important to note that some family courts in Harris County may require you to submit your documents at least 24 hours before your court appearance. Additionally, you might need to schedule a time online before your appearance, as different judges have varying rules for administering these prove up hearings. To ensure you meet all requirements, carefully review the court’s website before your court date.

Prepare for Prove-Up Hearing

Keep in mind that you are not the only person trying to get a divorce granted by your judge. If you sign up for a time to appear for the prove up hearing it in your best interest to have everything ready to go at that time. If you are not ready the judge is likely to tell you that you need to come back another time when you are ready. He or she will move on to the next person. Your case will be a distant memory to the judge. You will remain married. Your spouse and you will not be happy. 

Just to be on the safe side. Collect the documents needing filing well in advance of your planned court date. File the documents and then call the clerk to ensure they have received them and are ready for the judge’s review at your hearing. You do not need to ask the clerk for advice or anything like that, but you can at least get the impression that it is worth your while to take off from work and come down to the courthouse. 

How to testify in court and present yourself to a judge

Assuming that all of your ducks are in a row you should appear in court for a hearing that should take no more than 10 minutes- hopefully less. It is not out of the realm of possibilities that you could make it back to work by mid-morning. I wouldn’t plan on it (especially considering traffic in Houston), so I would take off the whole day from work if I were you. Think of it as the first day of the rest of your life. 

Bring Hard Copies to Court

You should plan to bring hard copies of all of your divorce paperwork to court with you. Yes, the judge will have electronic versions on the computer but you should plan on something happening where the judge cannot access the documents that way. Better to be safe than sorry, right? Have some copies there for him to sign if he would like but likely he will wait until later that day to sign all of the final decrees of divorce that he has approved that day. If approved, your divorce will be granted that morning, however. 

In a pro se divorce in Texas, most prove up hearings take place on the uncontested docket, usually starting at 8:00 AM. An uncontested case means you and your spouse agree, and your appearance won’t harm her. When you arrive, check in with the court clerk. They will direct you to the area where you’ll wait for your case to be called.

Approach Bench When Called

Approach the bench (where the judge sits) only when the court calls your name and cause number. There will be an area where the judge, courtroom personnel and attorneys are sitting behind a rail with a swinging door. You should not attempt to cross that area unless invited to do so by the judge. Before giving testimony, you will approach the judge and be placed under oath.

During the proceedings, you will be “on the record,” meaning that what you say will be transcribed by the court reporter as an official part of your case. If you are seated at a table, you should speak into a microphone. Otherwise, you should speak clearly to the point where both the judge and the court reporter can hear you. Do not refer to the judge by their first name. “Your honor” is the term typically used by attorneys and courtroom staff when addressing the court. You should follow suit and use that terminology as well. 

What do you need to say to prove up your divorce?

There is literally a script that you should follow when presenting your testimony. While waiting for your case, you’ll probably hear others give similar testimony. Some of those with attorneys will simply answer “yes” or “no” to the lawyer’s questions. Since you are going by yourself you will read from a script.

Here is the essence of what you need to say:

1. Tell the judge your name and that you are the petitioner (party who filed the divorce); You would point out to the judge that you are representing yourself in the divorce case
2. You would confirm to the judge that you have been a resident of Texas for at least the past six months and your home county for at least 90 days
3. You would inform the judge of your spouse’s name, the date of your marriage, and the date you separated and stopped living together as husband and wife.
4. You would specify what grounds you have chosen to get divorced based on. For the most part this would sound like discord and conflict of personalities. You would confirm that there is not chance at reconciliation that you can foresee. 
5. If you have any children under 18 years old, you would inform the judge of their names and ages. Otherwise, you would inform the judge that there are no children born of the marriage who are under 18 years old, and none were adopted during the marriage.
6. You would acknowledge that each person owns separate property unaffected by the divorce, and you would need to acknowledge any community property divided between the two of you. You would confirm that the division of property between you and your spouse is fair and equitable
7. Finally you would conclude by asking the judge to grant your divorce

After court- wrapping up the divorce and moving on with your life

After the judge reviews the script with you, they may ask clarifying questions about specific items in your final divorce decree. Once clarified, the divorce will be granted. A copy of your final decree of divorce will likely be ready the following day. You can contact the clerk and ask who you need to get in touch with to receive either certified (copy with stamp) or uncertified (copy without a stamp) copies of the decree and any other paperwork. 

Keep multiple copies handy- just in case. You never know when or who might need to verify your divorce status. The divorce is over with. You can breath a sign of relief

Navigating a pro se divorce in Texas is a substantial challenge due to the complexities and emotional demands of the process. It’s essential to equip yourself with thorough knowledge about how to handle your divorce effectively. If neither party appears in court, it can introduce additional questions and complications. While this article does not provide legal advice, it aims to serve as a helpful guide for those considering their next steps in managing a pro se divorce.

Questions about how to handle a pro se divorce with kids? Read tomorrow’s blog post

Noticeably absent from any of the information provided over the past few days were topics related to children and divorce. I decided to save those until we completed a general overview of pro se divorce. Stay tuned tomorrow as we shift our attention towards children and divorce in Texas. 

Any questions that you have about the material contained in today’s blog post can be addressed by contacting the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week where we can address your concerns and answer your questions. 

Other Related Articles:

1. Understanding Court Procedures in a Pro Se Divorce
2. 5 Digital Tricks Used in a Texas Divorce: How to Protect Yourself from Hidden Tactics
3. When Can a Judgment Nunc Pro Tunc Be Used in Texas Divorce Proceedings?
4. Understanding How Texas Courts Make Decisions in Divorce Cases
5. I want to move (transfer) my case to another court
6. Family Court Proceedings and Processes: How they Work
7. Court Fees and Fee Waivers
8. Enforcing Alimony Agreements and Court Orders
9. Courtroom Conduct: Things Self Represented Litigants Should Know
10. Contempt of Court Consequences and Punishments

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Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.