This means that the soonest a divorce can be finalized is on the day after 60th day. You should remember that there is a 60 day waiting period before a divorce is finalized in Texas. But you have to be in court to contradict the arguments by the parent that sued for divorce or that parent may get more of what they want in the case.Ī spouse can only get a default divorce if the other spouse has been served with the divorce petition, and the person has not answered the petition as specified in the petition. It is up to the parent that is being sued for divorce to contradict the other parent’s argument. The court will still need evidence from the petitioner that the property division is fair, and that the best interest of the child are catered for in whatever is being asked for. The court will enter a judgment based on what the person who filed for divorce asked for if the other spouse does not file a written answer. A default judgment is a judgment entered by a divorce court when the person who was served with the divorce petition fails to file an answer according to the instructions in the divorce notice. What is a Default Divorce?Ī default divorce is when the person who was sued for divorce fails to file a written answer within the requisite time period.įailure to file an answer means the court will have to enter a default judgment. Typically, in this situation, your attorney will file a written answer with the court to inform the court that you know that you have been sued, and you are preparing an answer for the lawsuit.
If this copy of the lawsuit includes the phrase “default judgment”, then it is up to the respondent to file a written answer as specified in that petition. If your spouse has filed for divorce, you are entitled to personal service of a copy of that lawsuit.
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