# What is a Trial on Merits?



## JaxJag (May 3, 2015)

Ok here's the deal. My wife (ex-wife, idk what to call her) filed for divorce on me after 11 months of marriage. There was nothing to it, no property, no children, and our bank accounts were separate. When she filed, she had a long, laundry list of demands, none of which were legally possible due to the brevity of our marriage.

Come the date of the hearing, before we were able to speak to the judge, her lawyer pulls me aside, essentially tells me that this divorce should be easy because it's nonsense, and that all she wants (besides the divorce) is her name off the one bank account we shared, and to be signed off of the lease of the apartment we once shared. I agreed, we signed, I took her off everything, and that was that.

I've since moved out of state, but checking the divorce online (it's supposed to be 60 days in Texas), it still says "Active" and that it's going to Trial on Merits. I don't understand. I had been in communication with her attorney during the bank/apartment sign-offs, and shortly afterward I was emailed a Final Order (which was essentially the same thing as the Temporary Order). 

So what gives? There is absolutely nothing worth going to trial for, and it's not even worth my time nor the price of a plane ticket to fly back to town just to hear the judge grant a divorce. Google isn't exactly helpful, because the answers range from "The court is threatening to dismiss your case due to inactivity" to "THESE ARE THE END TIMES, YOU'RE GOING TO TRIAL". All of this is happening in Texas, by the way.

In case this helps, we were married 11 months. I was served at the end of that 11th month. Our hearing was 3 weeks later. One month after the hearing, she was signed off of everything, and her lawyer had my signature for his paperwork. The divorce was to be granted 60 days after the date of the hearing, back in May. We are in October.


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## arbitrator (Feb 13, 2012)

*Have an attorney show up for the hearing to duly represent you as this appears to largely be a divorce court formality, more especially within a particular rural Texas county! You need not testify, but can have written statements read into the official transcript of the Court!

FWIW, is this one attorney representing you both in this particular action? That would be an unwise move as such an attorney is going to primarily look out for the interests of the client who originally retained him! Just saying!*
_Posted via Mobile Device_


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## Pluto2 (Aug 17, 2011)

You can't listen to HER attorney, he does not represent you. The Final Order that you were emailed, was it signed by a judge and stamped filed by the clerk? If not, it doesn't mean anything. On line, was any order entered after your last hearing? Call the clerk and ask these questions, then you will have a better idea what needs to be done to finalize the divorce.
FYI, my final decree sat on a judge's deck for about three months waiting for a signature.


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