Is there someway two parties can settle a divorce dispute without having to appear in court?
Full Question:
Answer:
Even if there is a complete agreement of the parties on all parts of the divorce action that are all contained in a proposed Agreed Decree of Divorce (signed by all), at least one of the parties must appear before the Judge and give sworn testimony. This is called a "prove up." If the Judge determines that the testimony meets the legal requirements for a divorce, the Judge will will sign the Decree of Divorce.
Unlike other civil cases in which a defaulting defendant is presumed to admit the petition’s
allegations regarding liability and liquidated damages, the allegations in a divorce petition are not
admitted by a defaulting defendant. Tex. Fam. Code Ann. § 6.701 If a respondent in a divorce case fails to answer or appear, the petitioner must still present evidence to support the material allegations in the petition. It may be possible to have a default divorce decree granted when one party fails to answer a divorce complaint. Local court rules vary by court. I suggest calling the clerk of court to inquire about procedures for default divorce decrees and whether testimony may be given at the prove-up by way of a sworn written statement.
The following is a Texas statute:
§ 6.701 FAM. Failure to Answer
In a suit for divorce, the petition may not be taken as confessed if
the respondent does not file an answer.