In Texas, proving up an uncontested divorce refers to the process of finalizing an uncontested divorce in court. This streamlined procedure allows the petitioner (or their attorney) to present the terms of the divorce agreement to the judge, ensuring that it complies with state law. Unlike a contested divorce, where disputes over property, child custody, or other issues are litigated, a prove-up hearing typically occurs when both parties agree on all terms, or the respondent defaults by failing to participate in the case.

What is Proving Up a Divorce?

Proving up a divorce involves attending a short hearing where the petitioner provides testimony and submits the agreed-upon divorce decree to the judge. The goal is to verify that:

1. Jurisdictional requirements have been met.
2. The agreement complies with Texas law.
3. The divorce decree reflects the parties’ intentions and addresses all required issues, such as property division, child custody, and support.

This process allows the judge to review and approve the divorce without the need for a trial, provided all legal requirements are satisfied.

Steps to Prove Up a Divorce in Texas

1. Filing for Divorce:
   • The process begins with one spouse (the petitioner) filing an Original Petition for Divorce in the appropriate county court. This document outlines the basic information about the marriage, grounds for divorce, and requests for relief, such as property division or custody.
2. Service of Process:
   • The other spouse (the respondent) must be formally served with the divorce papers unless they waive service by signing a Waiver of Citation.
3. Agreement or Default:
   • Proving up applies when:
     • Both parties agree on all terms of the divorce (uncontested divorce).
     • The respondent fails to respond or appear, resulting in a default judgment.
4. Drafting the Final Decree of Divorce:
   • A detailed Final Decree of Divorce is prepared, outlining agreements or court-ordered terms for:
     • Property and debt division.
     • Child conservatorship, possession, and access (custody and visitation).
     • Child support and medical support.
     • Spousal maintenance (if applicable).
5. Scheduling a Prove-Up Hearing:
   • Once the 60-day waiting period (required by Texas law) has elapsed, the petitioner can request a hearing date. Some exceptions to the waiting period apply in cases of domestic violence.
6. Preparing for the Hearing:
   • The petitioner (and their attorney, if represented) should bring:
     • A signed copy of the Final Decree of Divorce.
     • Any additional documents required by the court, such as parenting plans or child support orders.
     • Identification for the petitioner (e.g., driver’s license).
7. Attending the Prove-Up Hearing:
   • At the hearing:
     • The petitioner provides sworn testimony to establish the court’s jurisdiction and that the terms of the divorce are fair and in compliance with Texas law.
     • The judge reviews the proposed decree and ensures it adequately addresses all required issues.
     • If satisfied, the judge signs the decree, finalizing the divorce.

What to Expect During the Prove-Up Hearing

The proving-up process is typically brief and straightforward, lasting about 5-10 minutes. The petitioner will answer a series of questions posed by their attorney or the judge to confirm key details about the marriage and the agreement.

Common Questions During Prove-Up:

1. Jurisdiction:
   • “Have you or your spouse lived in Texas for at least six months and in this county for at least 90 days prior to filing for divorce?”
2. Marriage and Separation:
   • “When did you and your spouse marry?”
   • “Have you ceased living together as husband and wife?”
3. Grounds for Divorce:
   • “Are you asking the court to grant the divorce on the grounds of insupportability?”
   • (For other grounds) “Can you explain the basis for the divorce?”
4. Property and Debt Division:
   • “Have you and your spouse agreed on how to divide your property and debts?”
   • “Do you believe the division is fair and equitable?”
5. Child-Related Issues (if applicable):
   • “Have you and your spouse agreed on a parenting plan?”
   • “Does the agreement serve the best interest of the child?”
6. Other Matters:
   • “Are you asking the court to approve the terms outlined in your Final Decree of Divorce?”

Once the judge approves the decree, they will sign it, and the divorce becomes legally binding.

Key Considerations in Proving Up a Divorce

1. Jurisdiction Requirements:
   • At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for 90 days before filing.
   • Courts lack authority to finalize a divorce if these residency requirements are unmet.
2. 60-Day Waiting Period:
   • Texas mandates a 60-day waiting period from the filing date before a divorce can be finalized, except in cases involving family violence.
3. Complete and Accurate Decree:
   • The Final Decree of Divorce must address all legal requirements, including:
     • A clear division of property and debts.
     • Parenting plans, custody arrangements, and child support calculations if children are involved.
   • Errors or omissions may result in delays or require amendments.
4. Pro Se Representation:
   • Individuals representing themselves (pro se) must be prepared to handle all procedural requirements, including preparing a proper decree and providing testimony.
5. Modifications After Divorce:
   • If circumstances change, certain terms, such as child custody or support, may be modified post-divorce through additional court proceedings.

Conclusion

Proving up a divorce in Texas is a simplified process that allows couples to finalize uncontested divorces efficiently while ensuring the terms align with Texas law. By meeting jurisdictional requirements, preparing comprehensive documentation, and presenting clear testimony, petitioners can navigate the process smoothly. For many, this approach offers a practical solution to ending a marriage amicably and cost-effectively.