Questions to Prepare for Court in a Divorce Case
For over 25 years, I worked as a debtor’s attorney, filing over 4,000 Chapter 7 and Chapter 13 bankruptcy cases. Today, I focus exclusively on creditor representation, ensuring creditors recover what they are owed under Texas law. While my current work focuses on financial recovery for creditors, my legal experience includes family law, where preparation is key to navigating the courtroom effectively.
If you are representing yourself in a divorce case, it’s essential to be prepared to answer specific questions from your attorney, opposing counsel, or even the judge. While judges may assist self-represented individuals, they are not required to help and often will not provide guidance. Below is a list of commonly asked questions that can help you prepare for your divorce hearing.
Common Questions in a Texas Divorce Hearing
Personal Information
- Please state your full name.
- You are currently married to [Name of Spouse]?
Residency Requirements
- Prior to filing this action, were you a domiciliary of the State of Texas for at least six months?
- Were you a resident of [Name of County] County for at least ninety days?
Marriage Details
- You and your spouse were married on or about [date of marriage]?
- You ceased to live together as husband and wife on or about [date of separation]?
Grounds for Divorce
- Has this marriage become insupportable because of a discord or conflict of personalities between you and your spouse that destroys the legitimate ends of the marriage relationship?
- Is there any reasonable expectation of reconciliation?
Children (If Applicable)
- You have [#] [child/children] born of this marriage who are not now emancipated?
- Prior to coming to court today, had you ever been to court before to establish the parent-child relationship between you, the children, and your spouse?
- These children own no property other than their personal effects (clothes and/or electronics)?
- You and your spouse are not expecting a child at this time?
Conservatorship and Child Support
- If asking for joint managing conservatorship, has there been any domestic violence in the last two years?
- Have you reached an agreement for visitation, health insurance, and child support?
- Do you feel your agreement is in the best interest of the children?
Division of Marital Estate
- Have you and your spouse reached an agreement with regard to the division of the marital estate, including division of assets and payment of debts?
- Do you believe that the proposed agreement is a just and right division of the debts and property acquired during the marriage?
Final Decree of Divorce
- Are you familiar with the document entitled “Agreed Final Decree of Divorce”?
- Does that document contain the agreements regarding the division of assets and debts of the community estate?
- Does it also contain agreements regarding the conservatorship, possession, and support of your minor child?
- Are you asking the court to approve these agreements and grant your divorce?
Name Change (If Applicable)
- You are asking your name to be changed to [requested new full name]?
- Is this your [maiden/former] name?
- You are not requesting this name change to avoid criminal prosecution, creditors, or to commit fraud, are you?
- You have never been convicted of a sex offense?
Importance of Preparation
Answering these questions confidently and accurately can help ensure a smoother court experience. Preparation demonstrates respect for the court process and can positively influence the outcome of your case.