A default divorce is quite distinct from an uncontested divorce. A default divorce in Texas can be granted if the respondent fails to reply to a divorce notification. However, it is not a good idea to assume that you are free and clear if this occurs. It is important that you work with a Bryan divorce lawyer if you are divorcing.
Default Divorce vs. Uncontested Divorce
A divorce that is uncontested is one in which both parties agree substantially on all major aspects of the divorce—child custody, child support, spousal support, distribution of assets, etc. Both parties write out the terms on the divorce decree and sign it. An option is that one party signs it and the other waives the answering requirement.
In a default divorce, on the other hand, the petitioner files the divorce petition. This party is responsible for making sure that the respondent receives a copy so that they can reply. This is usually done either with a constable or process server. If the respondent fails to reply within the specified time, a default divorce is granted.
Matters to Consider
It is important for the petitioner to note that, even if a default judgment is preliminarily granted, a divorce in Texas is not final until the 61st day after the divorce decree is filed. The other party might at some point during this time contact the court and request an opportunity to respond through a writ.
Sometimes when both parties agree on all terms, they assume that a default judgment is a viable alternative to an uncontested divorce. This can lead to problems for the party who does not respond, however. Moreover, if you receive a petition for divorce in the mail and are considering not responding, you should keep in mind that failing to do so can lead to problems later. This could, for instance, impact your legal relationship with your children.
Finally, when you request a default divorce, you will need to provide evidence for each item in the divorce decree. For instance, if you believe that you should obtain sole custody of the children, you will need to file the correct document detailing why you believe this is the case.
For Further Information and Assistance
Whether you are seeking a default judgment or wish to seek a traditional divorce, it is important that you be represented by a strong and experienced Bryan divorce attorney. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.