I want to go to divorce court remotely.
Under Texas Rules of Civil Procedure 21d, Texas state courts may allow or require parties to appear by videoconference, telephone, or by other available electronic means. The only time courts cannot require a remote hearing is if there is oral testimony or for a jury trial without good cause or agreement of the parties.
TexasLawHelp is working to provide you with accurate information on virtual court procedures and platforms. To help improve upon the information that is available, please leave any comments or recommendations in this Virtual Court Content Survey.
Find out if your court allows remote hearings. TexasLawHelp's Virtual Court County-by-County section has state court procedures for 24 Texas counties. If your county is not included, you can check your county's local rules of procedure. The Office of Court Administration (OCA) also maintains a list of YouTube channels that broadcast from specific Texas courts.
Read TexasLawHelp's articles on the different videoconferencing programs used by the courts to prepare for your hearing:
The legal system can be very complex. This guide can’t answer every question. Researching the laws and regulations governing this type of case is important. For more information on how to conduct this research, read the Legal Research Guide.
You can go to a law library to conduct legal research. There is a directory of public local law libraries at Law Libraries in Texas.
Examples of books and guides to look for at a law library:
- O’Connor's Texas Family Law Handbook
- Texas Family Law Practice Manual
- Texas Family Code Annotated
- Texas Jurisprudence
A law library may also have a subscription to an electronic legal research service such as Westlaw or LexisNexis.
A Texas resident who's not near a law library may access more information by registering for a free Texas State Law Library Account. With this account, you can access a variety of online sources.
Common questions about Virtual Court: Procedure
You can ask the other side if they agree to reschedule the case, and ask the court coordinator by email if this is an option. You will need to Cc: the other side (such as the other parent) and other interested parties (such as the Office of the Attorney General if this is a child support case). Some courts have already rescheduled hearings, so if you are not sure, contact the court coordinator.
Or you might try to get a continuance. A continuance changes the date of a court hearing or trial to a later date. You can ask a judge for a continuance by filing a motion for continuance. Read How to Ask for a Continuance to learn more about continuances.
You can use Zoom on a smartphone to access your court hearing. But you may have better results, based in part on having a steadier internet connection, if you can access a laptop computer or desktop with a webcam. Zoom may be easier to use on a computer.
See TexasLawHelp's Virtual Court section to learn how to access virtual court. Read Zoom on Android and Zoom on iPhone to learn more.
Check with your court first. One way it is being done: Email your exhibit to the court coordinator. They can handle it so that the judge, court reporter, and the other side can see your exhibits at the right time during your hearing.
Some courts may have strict deadlines for sending in documents. You should ask the court coordinator and a lawyer who practices in that jurisdiction to learn how that court is handling this. One way to find a lawyer who practices in your jurisdiction is through a certified lawyer referral service.
Instructions & Forms
Instructions & Forms
In a divorce suit, you can ask the court to appear by videoconference (like Zoom), telephone, or other electronic means.
You might not even have to file this motion to use emergency procedures. Many courts in Texas let people use videoconferencing or telephonic appearances after the coronavirus pandemic.
Start by finding out what your court is doing. TexasLawHelp's Virtual Court County-by-County section has state court procedures for 24 Texas counties. If your county is not included, you can check your county's local rules of procedure or contact the court coordinator. You can usually reach the court coordinator by calling the office of the judge in the court where your case is pending. To find a list of judges' offices, check the Judicial Directory on the website of the Office of Court Administration.
Important: Court coordinators and clerks cannot give you legal advice. Please read What Court Staff Can and Cannot Do.
The Motion to Appear in Court Remotely (called the Motion for short) tells the judge you want to appear remotely for your court appearance (either by videoconference, telephone, or another available electronic means).
When you fill out the Motion:
- Print your answers completely and clearly in blue or black ink.
- Do not leave blanks, except for
- Mark the correct boxes for your request.
- Fill in the top of the form (the part that asks for the cause number; the names of the people involved in the suit; the court number; and the county) exactly as it appears in other court documents.
- Include your name and contact information and the name and contact information for all other people involved.
- Sign it.
When courts are hearing matters by videoconference and telephone, it is extremely important that the contact information is up-to-date so that everyone affected by your motion knows about the next steps.
Read through it carefully and check the boxes. Fill in the blanks that apply to your situation, such as:
- Your relationship to the child;
- Whether everyone agrees to file this Motion;
- Whether you are asking for remote participation in court proceedings;
- If you are asking the court to hold the hearing someplace other than the courthouse;
- Whether you are asking for remote interviews with children who are the subject of the case; and
- Whether you are going to use affidavits or unsworn declarations as evidence.
You will ask the judge to sign Order on Motion to Appear in Court Remotely to grant the Motion to Appear in Court Remotely .
The judge will check the boxes next to each number in the order that applies. For example, "2. Remote Participation in Proceedings (Check if applicable.)" will be marked by the judge.
If the other side has a lawyer, ask the lawyer to sign.
Note: If the other side (or the other side’s lawyer) will not sign both forms, the motion is not agreed.
File (turn in) your completed Motion to Appear in Court Remotely with the court.
To file online, go to E-File Texas and follow the instructions.
To file in person, you would take the motion and copies to the district clerk’s office in the county where your legal matter is proceeding.
At the clerk’s office:
- Turn in your Motion.
- Pay the filing fee (or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee). You can call the clerk’s office ahead of time to learn the filing fee for your case.
- Ask the clerk if there are local rules or procedures you need to know about for the consolidation.
- The clerk will file stamp your copies with the date and time. The clerk will keep the original and give you back your copies. One copy for you and one copy is for your spouse.
If you file the Motion electronically, there should be an electronic stamp on the form. Check your email so you know what the status is.
Note: There should not be a filing fee for this type of motion. You should check with the clerk’s office to make sure. If there is a fee, and you cannot afford it, you might be able to get filing fees waived. Read Court Fees and Fee Waivers for information on getting fees waived.
Follow the clerk’s instructions on how to present your Motion to Appear in Court Remotely to a judge. Sometimes the judge will sign the order without needing to hear from you. Sometimes they will want to have a hearing. That hearing might be by teleconference or phone.
If the judge signs your Order on Motion to Appear in Court Remotely, contact the clerk’s office to make sure it is on file with them. A list of district and county clerks is available in the Judicial Directory.
Ask the clerk whether you need to let anyone else at the courthouse know that the motion allowing videoconferencing or telephonic access has been granted. You may need to let the court administrator know of the change so the court’s calendar can be updated.
Send a file-stamped copy of the signed Order on Motion to Appear in Court Remotely to the other side by email, fax, USPS, or commercial delivery. Keep proof that you sent it. You must bring proof when you appear online or by phone for court on your new hearing date.
Motion to Appear Remotely - Divorce (No Children)
FM-DivAD-500 Motion to Appear RemotelyUse to request permission to participate in court by telephone or videoconference. Family law cases, no children.
Order on Motion to Appear Remotely - Divorce [No Children]
FM-DivAD-501 Order on Motion to Appear RemotelyFile with motion to appear in court by telephone/videoconference. Judge will complete and sign. Use in family law cases (divorce, no children). ...
Motion to Appear Remotely - Divorce With Children
FM-DivBC-500-Motion to Appear RemotelyUse to ask the judge if you can appear in court by telephone or videoconference.
Order on Motion to Appear Remotely - Divorce with Children
FM-DivBC-501The judge signs this order to grant permission to participate in divorce hearings by telephone/videoconference. For divorces involving children. ...
Articles in this guide
Tips for the CourtroomThis article tells you general information on what to do and not to do in a courtroom.
What Court Staff Can and Cannot DoInformation on what type of services a court can offer.
How to Ask for a ContinuanceThis article explains how to ask for a continuance.
Telephonic CourtHow to ask the court to let you attend a hearing over the phone
Virtual CourtSome Texas courts will hold hearings by videoconference, usually using Zoom.
Gathering and Presenting EvidenceThis article tells you what evidence is and provides information on the evidence rules that are followed in Texas courts.
How to Use CourtCallLearn how to use the video chat platform CourtCall for virtual court hearings.
How to Use Microsoft TeamsLearn how to use Microsoft Teams' video platform for virtual court hearings.
How to Use WebExLearn how to use Cisco Webex’s video platform for virtual court hearings.
Zoom on iPhone: A Tour of ZoomLearn about Zoom’s basic functions, and what you need to know as you prepare for your virtual meeting.
How to Use ZoomAccess all available resources on how to use Zoom's video platform for virtual court hearings on your desktop or mobile phone.
Zoom on Android: A Tour of ZoomLearn about Zoom’s basic functions, and what you need to know as you prepare for your virtual meeting.