Legal Question in Family Law in Texas
ok,
she filed for divorce on jan 15, 2015. we had a court date 3/4/15. We have an agreement. they told us it wouldn't take long to get divorce finalized. it's been more than 80 days and nothing. One of the papers i got that day from the court says: parties will prove up case in 45 days. they said I did not have to show up, just her was fine since she was going to change her name. But she has failed (or her lawyer) to prove up. Is there anything I can do?
1 Answer from Attorneys
Saying you don't have to appear at the prove up assumes that you and your wife (and her attorney) have signed an Agreed Decree of Divorce. Therefore, the first step is to draft a decree.
Here's what you can do:
1. Pay an attorney to draft a divorce decree for you.
2. Send it to your wife's attorney for review.
3. If you don't have any useful response back from her attorney within 10 days, draft and file a Motion to Enter Final Decree of Divorce.
4. Set the motion for a hearing.
5. Give your wife's attorney at least 3 days' written notice of the hearing.
6. Show up at the hearing and ask the judge to sign the final order. You can do your prove-up at that time.
Good luck!!