Going through a divorce is hard enough. But what if your spouse doesn’t even show up to court? It can be confusing and frustrating. You may wonder if the case can still move forward, or if you’ll have to start over.
Here’s the good news: In most cases, the divorce can still proceed. In Texas, the legal process doesn’t stop just because one person refuses to participate. In fact, the court may enter a default judgment in your favor.
In this article, we’ll walk you through exactly what happens if your spouse doesn’t show up to court during a divorce in Texas, how the Texas Family Code handles it, and what you can do next.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Is a Default Judgment in a Texas Divorce?
If your spouse is properly served with divorce papers and fails to respond or appear in court, you can request a default judgment. This means the court may grant the divorce and award property, custody, or support based on your requests.
Here’s how it usually plays out:
- You file for divorce.
- Your spouse is officially served (or signs a waiver of service).
- They fail to respond within 20 days + the next Monday (per Texas Rules of Civil Procedure).
- You request a default hearing.
- The judge reviews your proposed orders.
- If all paperwork is in order, the judge can finalize the divorce without your spouse.
You do not need your spouse’s cooperation to get divorced in Texas.
What Does the Texas Family Code Say?
Under Texas Family Code § 6.701, a court may grant a divorce even if the respondent (your spouse) does not appear, as long as the petitioner (you) has met the legal requirements.
“In a suit for divorce, the petition may not be granted before the 60th day after the date the suit was filed.” – Texas Family Code § 6.702(a)
This 60-day waiting period still applies even if your spouse skips court. But once it passes, and if your spouse has failed to respond or appear, Texas Family Code § 105.001(a) allows the court to make temporary or final orders based on the best interest of the child, if applicable.
If you’re asking the court to divide property or debts, Texas Family Code § 7.001 gives the judge the authority to divide community property in a “just and right” manner—even without your spouse present.
“In a decree of divorce… the court shall order a division of the estate of the parties in a manner that the court deems just and right…” – Texas Family Code § 7.001
So, even if your spouse refuses to show up, the court can still:
- Finalize the dissolution of marriage
- Divide marriage assets and debts
- Make custody, child support, or spousal maintenance decisions
Can My Spouse Delay the Case by Ignoring It?
They can slow things down a little, but not for long. As long as you’ve followed all proper legal steps, the court can move forward.
If your spouse avoids being served, your attorney may request substituted service under Texas Rules of Civil Procedure 106, such as leaving papers at their home or publishing notice in a local paper.
Once they’re legally served, the countdown begins. Ignoring the court doesn’t make the case go away.
Will I Automatically Get Everything I Asked For?
Not always. Even in a default case, the court reviews your requests for fairness and compliance with Texas law. You’ll need to present:
- A proposed final decree of divorce
- Proof of service
- A completed inventory of property
- Testimony or sworn affidavit supporting your claims
If children are involved, the court will only approve terms that are in the child’s best interest under Texas Family Code § 153.002.
Common Scenarios: What If…
My spouse left the state and won’t respond?
As long as they’ve been served according to the law, the court can still proceed.
My spouse didn’t show up to the final hearing?
The judge may enter a default judgment. You will need to testify or submit evidence to support your requests.
We were trying to work things out, but they ghosted me?
It’s okay to move forward. The court will not wait forever. In some cases, a contested divorce may turn into an uncontested default if the other party disappears.
Why Having an Attorney Still Matters
Even if your spouse skips court, you still need to follow proper legal steps. That’s where working with an experienced divorce attorney in Fort Worth can help.
Turner Monahan PLLC has represented clients in default divorce, contested divorce, and legal separation matters across Tarrant County, Dallas, and Cleburne. Whether you’re handling marriage asset division, spousal support, or custody, our team knows how to prepare and present the right documents to get results.
We also assist with:
- Spousal maintenance attorney services
- Prenuptial agreement lawyer consultation
- Postnuptial agreement services
- Navigating high net worth divorce cases
How to Protect Yourself When Your Spouse Doesn’t Participate
Here’s what you should do:
- Hire an attorney experienced in default divorce and family law services.
- Make sure the service is legal and documented.
- Gather financial records and prepare your property inventory.
- File a proposed divorce decree for the judge’s review.
- Show up to court with all required paperwork, even if your spouse doesn’t.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
If your spouse refuses to cooperate or misses court dates, don’t panic. The law allows your case to continue. But it’s important to follow the right process and protect your rights every step of the way.
At Turner-Monahan, PLLC, we’ve helped thousands of families across Texas navigate the most difficult moments with clarity and care. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
