Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Default Divorce in Texas

ATTORNEYS IN DALLAS

In Texas, a default divorce judgment may be granted when the person who was served with the divorce petition fails to file a written answer within the required time period.

Default Divorce

At the beginning of a divorce case, one spouse takes the role of the petitioner by submitting the initial divorce papers to the court. The respondent spouse is then served with the divorce papers by a sheriff, constable, or private process server, providing them with notice of the divorce. Communication between spouses may be limited during this time, and the respondent spouse may not be aware of the divorce proceedings until they receive service.

After being served, the respondent spouse has until the next Monday at 10 a.m., following twenty days, to file a response. Failing to submit a response within this timeframe may result in a default divorce being granted to the filing spouse. If you are in this situation, it is important to seek legal advice from a qualified attorney.

What Happens if my Spouse Does Not Answer my Divorce Petition?

In Texas, if a party served with a divorce petition fails to file a written answer within a specified period, the court may issue a default judgment against them. The clock begins running from the time of service, and the court can issue a default divorce if no response is received by 10 am on the first Monday after the twentieth day. However, the court cannot issue a final divorce decree until sixty days have passed since the petition was filed. After both waiting periods have expired, the party who filed the petition can request a default divorce by providing proof of service and evidence to support their case. If the court finds the evidence satisfactory, it will typically issue a final divorce decree. The party who filed must then file the decree and any other orders signed by the court.

When is my Default Divorce Final?

If your spouse files an answer before the hearing begins, you cannot obtain a default divorce. Even if the sixty-day waiting period has ended, you cannot get a default divorce if your spouse files an answer the day before you go to the courthouse to finalize your divorce.

Once the judge calls your case and listens to your testimony, they will review your file. If all the required documents are present and accurate, the judge will sign a final decree of divorce, and your divorce will be officially completed.

Speak with an Experienced Divorce Attorney

In divorce proceedings, parties have the option to present arguments and evidence to the court in their favor. However, if a party chooses not to respond to a divorce action, they waive this right and the court may issue a default divorce in favor of the other party. The experienced attorneys at Wilson Whitaker Rynell can review the specific details of your case and provide guidance on how to proceed towards achieving your desired outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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