If there is one important thing that you need to remember as your divorce begins is that your divorce papers should be served to you. It is required by Texas law that you are served any kind of petition if there is a case against you, especially in a divorce. This can either be done personally by the petitioner or by a court representative who will personally serve you the divorce papers on behalf of the petitioner.
However, in the video, Managing Partner Tyler Monahan illustrated that there can be instances where a petitioner will deliberately skip this step. In some instances, the petitioner will just inform the other party that there is already a trial set.
If you are currently facing this situation, we’re going to look at the possible danger that you could face if you’ve been blindsided by your ex-spouse by not serving you the petition for divorce.
The Danger of Not Being Able to Respond to the Divorce Petition
Mr. Monahan had shared that there is a danger of the respondent being defaulted if they fail to appeal the divorce case to the court. This could possibly happen if the respondent wasn’t served the petition to divorce at the very start.
According to the Texas Family Code Chapter 157 Section 157.115, a court judge can award the petitioner a default ruling based on the following instances:
- If the respondent had been personally served, had filed an answer, or has entered an appearance and does not appear at the designated time, place, and date to respond to the motion.
- If the respondent fails to appear, he/she may not be held in contempt but may order a capias to be issued. A capias is a court-ordered document that will require the respondent to answer to the court.
Based on the Texas statutes, if the petitioner had followed the correct procedure, there will be consequences on the side of the respondent if they do not answer the motion at the given schedule.
Don’t Get Blindsided. Contact a Divorce Attorney at Fort Worth, Texas
If your ex-spouse tells you that there is already a case in court for your divorce and that all you’ll have to do is appear in court, get in touch with the court immediately to validate this claim.
On the other hand, if they are telling you that they have already filed a petition for divorce, you’ll need to contact an accomplished divorce attorney as soon as possible.
Don’t get blindsided and get defaulted! Having an experienced attorney by your side to provide you with the best legal advice is your best defense.
