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PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 738
Experience:  14 years of practice in all aspects of family law.
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What do I say to a judge when presenting my no fault Pro Se

Resolved Question:

What do I say to a judge when presenting my no fault "Pro Se" divorce? I have filed the pition and waited 60 days. There are no children or property. I have an Agreement and a Waiver of Citation signed by my spouse. This is in Denton County Texas.
Submitted: 7 years ago.
Category: Family Law
Expert:  PlotinusLaw replied 7 years ago.
Hello, thank you for your question and for contacting JustAnswer. Your question is very broad, before I can answer it thoroughly I need to know at what stage you are at with the case. Are you about to present a Judgment or are you beginning the case?
Customer: replied 7 years ago.
I am about to present my case. I have already filed the original petition and have waited the 60 day waiting period. They told me I have to know what to tell the judge when presenting my case, There are no childern and there is no property involved. I have an Agreement and Waiver of Citation signed by my spouse. This is in Denton County, Texas.
Expert:  PlotinusLaw replied 7 years ago.
Okay, thank you for the additional information, I am checking the statute now.
Customer: replied 7 years ago.
Based on the grounds of Insupportability. If that helps.
Expert:  PlotinusLaw replied 7 years ago.
Okay. Thank you for your patience. When your case is called, the judge is going to want to know the following information. First tell him who you are, your name, that you are the Plaintiff, and that the hearing date is the date and time set for final hearing and presentation of divorce judgment. Then tell the court a little bit of the procedural history, basically, the court is going to want to know if the Defendant was properly served, and that the proof of service was filed with the court. Let the court know that the case is uncontested and that you have a signed Agreement and Waiver of Citation that you will be presenting with the Judgment. State for the court what the grounds of dissolution are, that is insupportability. Also, the Court will need to make sure that it has jurisdiction over the case, basically, that you meet the residency requirements for the state of Texas, which is that you have resided in the state of Texas for at least 6 months prior to the filing of the complaint or petition for divorce, and a resident of the county you filed in for at least 90 days prior to the filing of the complaint. The court is going to need to know if your wife is currently pregnant. Finally, the court will need an affirmative statement from you that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Here are some statutory references if you want to review them before your hearing.

Grounds/Fault – No-Fault: Texas Family Code Section 6.001–6.008

Residency/Where to File: Texas Family Code Sections 6.301–6.305

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This is information only, not legal advice. No attorney-client relationship has been created. Please consult an attorney in your state for legal advice regarding your matter.

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