Going through a divorce can be a challenging and emotionally taxing process. But an uncontested divorce in Texas can offer a smoother and often less stressful path forward. It may still require a hearing, though, to ensure that all parties involved in the divorce process are on the same page.
Unlike contested divorces that can drag on with disputes over assets, child custody, and other issues, an uncontested divorce is where both parties agree on all major items involved in the dissolution of marriage.
Essentially, an uncontested divorce means that you and your spouse have reached a consensus on every critical aspect of the divorce. When you are scheduled for a hearing to discuss these matters, it’s important to know what will be expected.
We understand that even if you and your spouse are in agreement about the divorce, going to court can create concerns about how things will go. Preparing for this type of hearing with the help of a Texas family law attorney can put you even more at ease.
Let’s dive into what to expect at uncontested divorce hearing proceedings. Gaining knowledge will help alleviate some of the typical concerns.
Why You Need a Court Hearing for an Uncontested Divorce
Knowing what to expect during an uncontested divorce begins with understanding what constitutes an uncontested divorce in Texas. This type of divorce occurs when you and your spouse agree that you should divorce, and you have an agreement on all matters that need to be decided – like child custody and property division.
Comparatively, in a traditional contested divorce, you and your spouse must attend one or more contested court hearings. At these hearings, you and the other party would present evidence to the court in an adversarial setting. The court would then decide on matters such as child support, spousal support, and other outstanding issues.
However, when you and your ex reach an agreement on these and all other issues in an uncontested divorce, the purpose of a hearing in an uncontested divorce is different. These hearings, which are called “prove-up” hearings, are designed for the court to evaluate your positions and help finalize the divorce paperwork with your spouse.
3 Things That Happen at a Prove-Up Hearing
Prove-up hearings in Texas are designed for quick resolutions. But this does not mean you can avoid the hearing or be unprepared. You will play a key role in the hearing. Specifically, you can expect that you will be asked to perform the following actions.
1. Be Placed Under Oath
During the hearing, the court will administer an oath to you. By taking the oath, you promise the court that anything you say will be the truth, as best as you know it. You should not lie or attempt to deceive the court through anything you say.
Moreover, you should only speak to things about which you know. Deliberately providing false or misleading information to the court could result in civil and criminal penalties.
2. Answer Questions About Your Agreement
You will be asked questions about your agreement with your soon-to-be former spouse. These questions are not intended to embarrass you, trick you, or place you in an uncomfortable spot. Instead, the questions are meant to show that you know the uncontested divorce terms and that you voluntarily agreed to them.
During the proceedings, the court may address you personally to request formal testimony. Follow these tips as you address the court:
- Listen carefully to the question asked by the judge.
- If you do not understand the question, ask your lawyer or the judge to explain.
- It is okay if you take a moment to think of your answer before responding.
- Should you not know the answer to a question, tell the court.
- Wait until you are asked a question before answering, and do not be afraid of silence.
Above all, remember to fulfill your oath to tell the truth.
3. Finalize Your Divorce
At the end of the questioning, the court will review the testimony from both parties. The goal is to confirm that both parties have an understanding of the arrangement, settlement agreement, and other divorce-related matters.
The court will then grant a divorce decree to end the marriage formally. The court will most often adopt the terms of your agreement with your ex. In rare situations, the court may order that one or more terms of your agreement be modified before granting the divorce if there is a specific situation that needs to be addressed.
Learn More About What to Expect at Uncontested Divorce Hearing Proceedings
When going through an uncontested divorce, it’s important to have a trustworthy and knowledgeable divorce lawyer on your side. One of our experienced family law attorneys can help you prepare for what to expect at uncontested divorce hearing settings.
Our divorce attorneys have supported many Texas spouses in completing the entire process – from filing for divorce until the divorce is final. We aim to simplify any complexity so that your uncontested divorce can be completed in a reasonable amount of time.
We currently support spouses in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our offices to get started on your divorce.
You can reach us at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to speak with a local attorney. We are ready to prepare you for the process and answer any questions you might have to ease any concerns.