What is a default divorce, and how does it occur? A default divorce happens if the respondent fails to respond after a given number of days after the petition is filed.
The state of Texas has a 60-day cooling off period before finalizing a divorce. If the respondent fails to answer within that period, you can proceed to the court and present a default final divorce decree.
The attorneys at Turner-Monahan have helped thousands of clients through their divorce cases and know how to create and fight for a plan that works for you.
Learn today from Tyler Monahan what default divorce is and how it occurs.
A default divorce is a divorce where you file a petition for divorce, you have served the opposing party, which would be the respondent, your spouse, and that spouse failed to answer.
Now, initially, anybody that served a civil lawsuit in the state of Texas generally has the Monday following the expiration of 20 days to file their answer.
In a divorce case, you may not default somebody after that period; you have to wait 60 days from the filing date.
The state of Texas has a cooling off period that requires you to wait 60 days before finalizing a divorce, whether by agreement or default.
If there is no answer on file after the 60 days have elapsed, then you can proceed with presenting a default final decree of divorce to the court.
Then you’ll have a proof up, which is where questions are asked, and you have to make certain statements to the court that you’ve done the things you need to do properly inside the decree and also for service to be finalized.
For those reasons. You must hire an attorney. I liken not having an attorney to performing surgery on yourself.
Nobody would go down to a hospital and ask them to set up a hospital bed and have them perform brain surgery on themselves.
The same way that you should not go to court without an attorney. You can have devastating results when going to a court without an attorney.
