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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