Default judgments in a divorce

Can I get a divorce if my spouse will not “sign”?

Yes. Texas is a no-fault divorce state so if one spouse wants a divorce, eventually they will get a divorce even if the other party opposes the split.

What if my spouse refuses to do anything to help the divorce proceed? Will this slow down my divorce?

This may actually make things much easier for the proactive spouse.

A divorce begins with the filing of a petition which is served with citation on the other party, unless that party (the respondent) waived service. Once served, the executed citation is filed with the clerk of court and that party has 20 days to file a written answer.

After that period has run and the executed citation has been on file for at least 10 days, the filing spouse (petitioner) will check for the respondent’s answer. If the respondent failed to answer, the petitioner will usually quickly appear before the court to obtain a default judgment of divorce and is not required to notify respondent of this proceeding.

The respondent is given notice of the default judgment and has 30 days to file a motion for new trial or appeal. If no such motion or appeal is made in that time, the Court loses “plenary power” over the case and the default judgment generally cannot be overturned.

Please contact the Fox Law Office at 469-322-9238 or via for more information.

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