When you file to end your marriage, but your spouse will not respond, you can request the Court to grant you a default divorce. This legal process can be challenging and lead to unnecessary stress without the help of a seasoned divorce attorney.
Contact Towson Law Firm, PLLC today to speak with a Frisco default divorce lawyer about your situation. Our compassionate team of legal professionals could walk you through each step in the divorce process and be a loyal advocate.
A default divorce occurs when one party fails to respond to the divorce documents. It can be obtained when the other spouse’s whereabouts are unknown or refuses to participate in the divorce proceedings. The Court could also grant a default divorce if both parties agree to an uncontested divorce, meaning they agree upon the terms, and neither will fight about these.
A default divorce can be completed without the other party’s input regarding property division, child support, spousal support, or other divorce issues. This means the spouse who filed would be granted everything they requested because the other person had no input in finalizing the end of the marriage.
In Texas, a divorce must be finalized within 60 days of filing. Therefore, a default divorce cannot be requested until 61 days after the filing of the Petition for Divorce.
The initial divorce documents will inform the other spouse that once the documents are served upon the opposing party in person, they will have 20 days in addition to the following day at 10:00 a.m. to file an answer in writing with the Court.
However, a default divorce cannot be requested if the other party files an answer before the 60-day deadline. In addition, the individual who served the spouse with the initial divorce documents must file a timestamped Return of Service at least ten days before a default divorce can be entered.
A knowledgeable Frisco attorney could navigate the timeline of proceedings and determine if a request for a default divorce is plausible.
After all timelines have been met, a spouse can request the Court for a default divorce. They will need to appear at a hearing before the Court, where the judge will ask them questions and examine all documents submitted.
If all requirements for a default divorce are met, the Court will then enter a Final Divorce Decree setting forth the division of property, child custody, child support, and spousal support. As a result, the divorce will be finalized, even if the other spouse decides not to participate.
An experienced lawyer in Frisco could review a client’s situation to inform them whether a default divorce is possible.
Divorce is stressful enough on its own. When one spouse refuses to cooperate, this can make the process increasingly frustrating and overwhelming. Thankfully, there are legal options like a default divorce when these types of circumstances surface.
To learn more about how to finalize the end of your marriage, reach out to a Frisco default divorce lawyer today. One of the reliable family attorneys at Towson Law Firm, PLLC could guide you through proceedings and inform you of your rights.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
