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What to do when your spouse ignores the divorce filing

On Behalf of | Apr 10, 2023 | blog, Divorce |

Divorce can be a complicated process, and it becomes even more challenging when your spouse does not respond to the divorce filing.

If your spouse ignores the divorce petition in Texas, there are specific steps you can take to proceed with the divorce process.

Obtain a default judgment

When your spouse does not respond to the divorce petition within the allotted time (typically 20 days), you can request a default judgment. A default judgment is a court ruling in your favor because your spouse failed to participate in the legal process. To obtain a default judgment, you must first file an affidavit of service, which proves that your spouse received the divorce papers. If you used a process server, they would provide you with this document. If you mailed the documents, you would need a return receipt as proof.

After you have filed the form, contact the court clerk to set a date for the default hearing. The judge will review your case at this hearing and make a ruling.

Prepare for the default hearing

After scheduling a default hearing, gather all necessary documentation to support your case, including financial records, property agreements and evidence of child custody arrangements. Organize these documents and ensure you are ready to present them to the judge during the hearing.

Attend the default hearing

At the default hearing, the judge will review your case and make a decision based on the evidence provided. Since your spouse did not participate in the divorce process, the judge will likely rule in your favor regarding the division of property, child custody and other matters.

By following the necessary steps and preparing for the default hearing, you can ensure a smooth divorce process and protect your rights.