Legal Question in Family Law in Texas

Final Decree/ Hearing Date

I know we must wait the 62 days to get our divorce. The papers have been filed, and he signed a waiver, and a consent form. The 62nd day is actualy Auguat 19... Court hearing set for August 27. If we have the signed Marital Settlement, and the final decree ready, plus attend the Parent class, can we get the date moved closer to the actual 62nd day?

No lawyers involved: just us: completely amicable.

I was told that any judge can grant the divorce once the 62 days are done. Is that true?


Asked on 6/27/09, 11:22 pm

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: Final Decree/ Hearing Date

First, you only have to wait 61 days,not 62, but you must not count the day you filed, and start counting on the day after filing. Usually, in most courts, the Judge will have what is called an "uncontested docket" for all those cases where all the paperwork is completed, and executed. I would recommend that you call the court where the papers are assigned and ask for the Court Coordinator, Court Administrator, or whoever is in charge of that Court's docket, and see if you can come in to court before the presently assigned court date. However, you may not come in sooner than the 61st day after filing the divorce. That rule or statute cannot be waived, no matter what you have completed, but you should be able to go in before August 27, 2009, but not sooner than August 18, or 19, 2009 depending on when the 61 days has actually past(not counting the day of filing the divorce).

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Answered on 6/28/09, 1:01 am


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