Divorce in Texas involves several important steps before it becomes final, even when both spouses agree on the terms. One of those steps is the prove-up hearing, a brief but necessary court appearance that confirms everything is in order before a judge signs the Final Decree of Divorce. While it may seem like a routine formality, the prove-up hearing ensures that legal requirements have been met and that the settlement terms are fair and properly documented. Understanding what happens during this stage can help reduce uncertainty and prepare you for a smooth conclusion to your case.
If you’re going through a divorce in San Antonio, having the right legal support can make the process smoother and more manageable, especially when it comes to preparing for your prove-up hearing. The experienced San Antonio divorce attorneys at Family Matters Law Firm PLLC are here to guide you through each step and help you present your case clearly and effectively in court. Our team is committed to protecting your interests and helping you finalize your divorce with confidence. Call (210) 997-2914 today to schedule a consultation.
What is a Prove-Up Hearing?
A prove-up hearing is a brief court proceeding used to finalize uncontested legal matters, most commonly in divorce cases. During this hearing, one or both parties appear before a judge to formally present the terms of their agreement. This typically involves submitting signed documents and providing testimony under oath that confirms the details of the settlement, such as property division, child custody, support arrangements, and other related terms. The judge reviews the paperwork and may ask a few questions to ensure everything complies with state laws and that both parties understand and agree to the terms.
The purpose of the prove-up hearing is to allow the judge to determine whether the agreement is fair, reasonable, and in line with legal requirements, particularly if children are involved. Once satisfied, the judge enters the final judgment, officially concluding the case. Prove-up hearings are usually quick, often taking just a few minutes, and do not involve contentious disputes or witness testimony. They offer a straightforward path to finalizing a case when both sides have already reached a mutual resolution outside of court.
Why an Uncontested Divorce Requires a Prove-Up Hearing
In Texas, even when spouses agree on every aspect of their divorce, the court must still conduct a prove-up hearing before granting the final decree. This hearing serves as a safeguard to confirm that all legal requirements are met and that the settlement is fair and enforceable.
Legal Confirmation
Under the Texas Family Code, a judge must hear sworn testimony—no matter how brief—before finalizing a divorce. The court uses this hearing to confirm that jurisdictional requirements, such as residency, are satisfied. It also verifies that all necessary legal documents, including waivers and settlement agreements, are properly filed and complete. Without this judicial review, a divorce cannot proceed.
Ensure Fairness and Compliance
The judge must evaluate the terms of the divorce, including property division, spousal support, child custody, and child support, to ensure they comply with Texas law. Even if both parties agree, the court will intervene if any terms appear unfair or fail to meet legal standards. In cases involving children, the court has an obligation to determine that the custody and support arrangements serve the best interests of the child.
Finalizing the Divorce
The prove-up hearing is the final step that allows a judge to sign the Final Decree of Divorce. This moment gives the court an opportunity to ask clarifying questions and confirm that no details have been missed. Once satisfied, the judge signs the decree, legally ending the marriage. While it may seem procedural, this step helps catch mistakes and confirm that both parties’ rights are protected.
A prove-up hearing isn’t adversarial—there are no objections, cross-examinations, or legal battles. It’s a short, straightforward proceeding designed to establish a clear record that supports the divorce decree. Even in uncontested or default cases, skipping this hearing isn’t allowed. It serves as an essential legal checkpoint to validate and finalize the agreement, protecting both spouses and any children involved.
Timing and Scheduling of the Prove-Up Hearing
In Texas, a prove-up hearing can only occur after the mandatory 60-day waiting period has passed since the divorce petition was filed. This rule applies even in uncontested divorces. Whether the parties have signed an agreement or the respondent has defaulted, the prove-up hearing acts as the final step to officially conclude the case.
Scheduling the Hearing
Once eligible, the next step is placing the case on the court’s uncontested or prove-up docket. Many Texas counties have dedicated dates or times set aside specifically for these hearings. Either the party or their attorney can contact the court coordinator or clerk to obtain a hearing date. Local rules often require certain documents—such as the signed Final Decree of Divorce—to be filed beforehand. Failing to submit these documents may result in delays or rescheduling.
Courtroom or Virtual Appearance
Depending on the county and current court practices, the prove-up hearing may take place either in person or remotely via video platforms like Zoom. For example, courts in Bexar County frequently conduct virtual prove-up hearings. Some jurisdictions, like Bexar County, even allow prove-ups by affidavit under specific conditions. It is essential to consult the latest local court procedures, as many Texas courts continue to offer flexible remote options post-pandemic.
Prepare for Wait Time
While the hearing itself typically takes only 5–10 minutes, there can be a considerable wait beforehand. Courts often schedule several uncontested cases on the same docket, meaning parties may have to wait their turn. Arriving early—or logging in promptly if virtual—is recommended. Altogether, plan for the process to take an hour or longer, including waiting and administrative time.
Avoiding Delays
To prevent setbacks, confirm that the 60-day waiting period has fully elapsed and that all necessary paperwork has been properly filed. Courts will not proceed if these requirements are unmet. Additionally, some counties impose deadlines for scheduling the prove-up following the waiting period. Missing this window could lead to administrative dismissal of the case. Once eligible, it’s best to move quickly and secure a spot on the docket.
Who Must Attend the Prove-Up Hearing?
In an agreed uncontested divorce, at least one spouse—typically the petitioner—must attend the prove-up hearing. Whether the other spouse (the respondent) also needs to attend depends on the judge and the county where the case is filed.
- Petitioner (Filing Spouse): The petitioner is almost always required to appear. This person gives brief sworn testimony to confirm jurisdiction, the breakdown of the marriage, and that the proposed settlement follows Texas law. If you’re the one who filed the divorce, you should plan to attend the hearing.
- Respondent (Other Spouse): In many counties, the respondent isn’t required to attend if they’ve signed all the necessary paperwork, such as the Final Decree and possibly a Waiver of Appearance. However, some judges prefer or require both spouses to be present, especially in cases involving children or more complex agreements. It’s best to ask your attorney to clarify legal expectations.
- Default Situations: If your case is proceeding by default—meaning your spouse was served but never responded—you’ll attend the hearing alone. You’ll need to prove that proper service occurred, but the court won’t expect the other party to show up.
- Attorneys: If you’re represented, your lawyer will attend with you and guide your testimony. The respondent’s attorney may also appear—even if the respondent doesn’t—just to confirm there are no objections to the agreement.
- Others Not Typically Needed: Witnesses are not required for uncontested cases unless a judge specifically requests them. Children should not attend the hearing; Texas courts generally prohibit minor children from being present in divorce proceedings, so make arrangements for childcare in advance.
Always check local rules or speak with your attorney about who needs to attend. If your spouse is not planning to appear, make sure their signed consent forms are properly filed. And if you have an emergency and can’t attend, notify your attorney and the court immediately to request a new hearing date. Missing the hearing without notice could delay your divorce or result in dismissal of your case.
| Participant | Attendance Requirement | Notes |
|---|---|---|
| Petitioner | Almost always required | Provides sworn testimony to confirm details of the divorce and the legality of the agreement |
| Respondent | Not always required, depends on judge/county | May be excused if all paperwork is signed; presence more likely required if children involved |
| Attorneys | Attend if representing either spouse | Guide testimony and ensure the agreement is uncontested |
| Default Situations | Only petitioner attends | Must prove proper service occurred; court doesn’t expect respondent to appear |
| Others (e.g., kids) | Not required or allowed | Witnesses rarely needed; children should not attend |
Preparing for Your Prove-Up Hearing
Taking time to properly prepare for your prove-up hearing can help avoid delays, reduce stress, and make a positive impression on the judge. This hearing may be brief, but it is legally significant—it’s the moment your divorce becomes final. Being organized, confident, and ready to respond to questions ensures your case moves forward without complications.
Have Your Documents Ready
Courts expect you to bring all necessary paperwork, signed and error-free. Missing or incomplete forms are one of the most common reasons hearings are delayed or rescheduled. Be thorough when assembling your documents. These may include:
- Final Decree of Divorce: This is the key document the judge signs to finalize your divorce. It must include all terms: property division, custody, visitation, support, and any name change. Double-check for blank sections or typos. Bring the original and at least two extra copies—one for each party, and one for the court to keep.
- Proof of Service or Waivers: If the other spouse was served and didn’t respond, have the return of service on file. If they signed a Waiver of Service or an Answer, include those too. If they’re not attending, a signed Waiver of Appearance or their signature on the Final Decree can show their agreement.
- Affidavit of Military Status: Required in default divorces to comply with federal law. It confirms whether the respondent is in the military and may need to be notarized. Without this affidavit, the court likely will not proceed.
- Parenting Plan and Child Support Forms: For divorces involving children, include custody arrangements, a possession schedule, and child support orders. Some counties also require a parenting class certificate or a Child Support Information Sheet. The judge may ask questions about these, so know your documents well.
- Financial Affidavits or Inventories: Even though the divorce is agreed, some judges prefer a simple property inventory or financial statement. This helps confirm fairness, especially when child support is involved.
- Name Change Language: If either spouse is reverting to a previous name, ensure that the Final Decree includes the correct name and that it’s spelled exactly as desired.
- Notarized Documents: Affidavits and waivers often must be notarized. While many courts now accept online notarization, confirm whether your judge still requires in-person stamps.
Check Local Requirements
Texas counties may vary in how they handle uncontested divorces. Some require submitting the Final Decree days in advance for review, others need a Case Information Sheet or court-specific forms. Failing to meet these requirements may result in a reset hearing. Ask your attorney or call the court coordinator to confirm your county’s process.
Schedule Smart
You cannot attend a prove-up hearing until at least 60 days have passed since filing the petition, unless a narrow exception applies (such as family violence). Make sure to count carefully. Once you’re eligible, don’t wait too long to schedule to avoid potential dismissal of your case.
Practice Your Testimony
You will be asked to testify under oath about basic facts like your name, residency, the breakdown of your marriage, and whether your agreement is voluntary and fair. If children are involved, expect to confirm that custody and support are in their best interests. Practicing these answers aloud can help reduce nerves and make your responses more natural. If you have a lawyer, ask for a quick run-through in advance.
Get Organized for the Hearing
A few days before the hearing, gather all required materials and double-check that everything is in order. Bring a notepad and pen, and any additional supporting documents. If you’re attending virtually, test your internet connection, camera, and microphone ahead of time. Choose a quiet location where you won’t be interrupted, and have a digital version of your decree ready in case edits are needed on the spot.
Be Respectful in Court
Whether you appear in person or via Zoom, professionalism matters. Address the judge as “Your Honor,” speak clearly, and avoid interruptions. Avoid bringing children or non-essential guests. The court expects your full attention, so silence your phone and avoid distractions. Dress appropriately—business casual is usually fine, but neat and respectful is key.
What to Expect During the Prove-Up Hearing
The prove-up hearing may be short, but it follows a clear and structured process. Whether your hearing is in person or virtual, understanding each step will help you feel prepared and confident.
Case Begins and Oath is Given
When your case is called—either by the judge or the bailiff—you and your spouse (if attending) will step forward to the bench or unmute your microphone and camera in a virtual setting. The judge or court clerk will then administer the oath, asking all individuals who will testify to swear or affirm that they will tell the truth. Even if your testimony consists of simple “yes” or “no” answers, being under oath is still required.
Testimony from the Petitioner
The petitioner, or the spouse who filed for divorce, testifies first. If represented by an attorney, the attorney will ask a series of guided questions to help you present the required information. These questions cover basic facts, including your name, residency, details about your marriage, the reason for divorce, and confirmation of the agreement terms. Your answers are typically short, but they must be clear, truthful, and consistent with the paperwork already filed.
Testimony from the Respondent (If Present)
If the respondent is present, the judge may ask them to confirm that they heard the petitioner’s testimony and agree with it. Some judges also ask whether the respondent is still requesting the court to approve the settlement and grant the divorce. If the respondent has an attorney, that attorney may simply state for the record that their client is in agreement with the petitioner’s testimony, without requiring additional answers. If the respondent is not present and all documents are signed, the court will often proceed without further input.
Judge’s Review and Final Decision
After both parties have had the opportunity to speak (if needed), the judge will review the documents and may ask clarifying questions. These could relate to specific terms in the parenting plan, property division, or anything that seems unusual or unclear. This step is not meant to challenge your agreement but to confirm that everything complies with Texas law. If the judge is satisfied, they will state on the record that the divorce is granted and sign the Final Decree.
At that moment, your divorce becomes official. The court keeps the signed original, and you or your attorney can later request certified copies from the clerk. These copies are needed for actions like changing your name with government agencies or updating financial accounts.
Why Choose Family Matters Law Firm PLLC
A prove-up hearing may be one of the final steps in your Texas divorce, but it plays a crucial role in making your divorce official. Being prepared, organized, and informed can help ensure this step goes smoothly and without delay. Regardless if your case is uncontested, involves children, or presents special considerations, it’s important to approach the hearing with confidence and clarity.
At Family Matters Law Firm PLLC, we’re here to help you through every stage of the divorce process—from filing to final decree. If you’re ready to move forward with your divorce in San Antonio, contact our team today at (210) 997-2914 for personalized, compassionate legal support.
