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Divorce – Will I have to go to Court?

Many people routinely ask, “if I need a divorce – will I have to go to Court?”  Often, the answer to this question is, “it depends”. courtroom and divorceThe divorce process remains often unpredictable, and COVID presents more complications.  However, the Texas Supreme Court issued instructions regarding activity that occurs in the courthouse.  Specifically, the Texas Supreme Court directed that all court proceedings should occur remotely (such as by teleconferencing, videoconferencing, or other means) unless litigants or other court participants are unable to successfully participate in a remote hearing for reasons beyond the court’s control.  This means that the age of Zoom hearings and trials is upon us.

Proper Decorum Matters!

Although courts conduct hearings through technology, decorum still matters!  If you are at home and appearing remotely, dress as if you are actually present in the courtroom.   When dressed in business attire, people usually behave more professionally.   remote proceeding and divorceEnsure that you are in a quiet room in which no interruptions will occur.  It is often best to be in your attorney’s office where family members, pets, and other distractions can’t disrupt your attention from the proceedings.

Other factors govern divorce – will I have to go to Court.  Do you and your spouse agree on all the divorce terms and conditions?   Agreements and amicability lessens the odds that you will have to step foot into a courtroom for a formal hearing or trial.  Also, during COVID, hearings and trials continue remotely.  Some are less nervous in a remote proceeding, but there is no guarantee that you will be one of those types of litigants.  Additionally, it remains uncertain as to when the Texas Supreme Court will open the Courthouse for in person proceedings.  So reaching an agreement with your spouse prior to beginning the divorce proceeding lessens the odds of facing a judge in person.   Since 1980, the attorneys at C.E. Schmidt & Associates, PLLC have assisted families in the divorce transition.  Call 281-550-6650 to schedule your free consultation.

 

 

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