Legal Question in Family Law in Texas

Ask her attorney to let you see a copy of the final decree. If he can't show you a copy, then it probably has not been written up yet. If you're 6 months out from trial and the decree still has not been drafted, it may be time for a new attorney.

Here are the steps:

1. Her attorney drafts a final decree of divorce (plus any closing documents that might be necessary).

2. Her attorney shows her the document for her approval.

3. Once your mother approves it, her attorney sends it to the other attorney for his review with his client.

4. Eventually both sides either agree on an final decree of divorce document or they don't.

A. AGREE

1. Your mother's attorney and your mother go to the courthouse and "prove it up" which means that the attorney asks her about 10 questions in front of a judge and the judge signs the final decree, making it final.

B. DO NOT AGREE

1. Your mother's attorney files a Motion to Sign Final Decree of Divorce along with the draft of the final decree.

2. A hearing is held in front of the judge where the two attorneys argue back and forth over the differences. If they are minor, the judge may fix the decree with a pen. If they are major, the judge will send her attorney back to redraft the document.

3. She should go to the hearing on the motion to sign. The reason is that if the changes are minor and the judge fixes the order, they could "prove up" the decree right then and there and it would all be final without the need for another trip to the courthouse.

Of course, your mother can probably travel to the Philippines prior to the divorce being finalized.

Good luck!!