If your spouse is ignoring divorce papers, it's possible for your spouse to be granted a default judgment. Family law attorney Turner Thornton explains how long it takes and the timeline.
#defaultjudgment #texas #divorce

Varghese Summersett Family Law Group helps individuals and families navigate emotionally charged family law matters in North Texas.
[ Ссылка ]

Major Practice Areas:
Divorce: [ Ссылка ]
Child Custody: [ Ссылка ]
Child Support: [ Ссылка ]
Property and Asset Division: [ Ссылка ]
Prenuptial Agreements: [ Ссылка ]
Post-Divorce Enforcement and Modification: [ Ссылка ]
Grandparents Rights: [ Ссылка ]
Adoption: [ Ссылка ]

Attorneys:
Turner Thornton: [ Ссылка ]
Kristen Carr: [ Ссылка ]
Stephanie Sabelhaus: [ Ссылка ]
Laura Richardson: [ Ссылка ]

Connect with Varghese Summersett Family Law Group:
[ Ссылка ]
[ Ссылка ]
[ Ссылка ]
[ Ссылка ]

0:00: How Long Does it Take to Get a Default Judgment in a Texas Divorce Case?
0:16: Divorce Takes 61 Days to Be Granted
0:47: First Divorce Deadline: First Monday after 20 Days to File Respondent's Original Answer
1:52: Default: Final Decree of Divorce
2:22: No 61 Deay Deadline for Modification Cases
2:38 Comments? Questions?


Transcript:
Turner Thornton:
How long do I have to wait to default to my spouse who's completely ignoring our divorce litigation?

As a reminder, a divorce in Texas must wait at least 61 days after the date in which you file to have a divorce granted. Let's say, for example, you filed a Petition for Divorce on January 1st of 2023. You're going to have to wait, no matter what, at least until March to present some Final Decree of Divorce to the court. Now understand, that doesn't mean your divorce will only take 61 days. It's incredibly likely that it's going to take significantly longer than that.

However, if your spouse has been properly served, meaning they have received a Divorce Petition and a Citation that was received from the District Clerk's Office, and they have been physically served by a process server or constable, there are two different deadlines with which to work. Number one, you've probably heard Monday after the expiration of 20 days. Okay, well, 20 days is not 61 days. How do those two things coexist?

After a person is served, they have a 20-day plus a Monday deadline to file what's called a Respondent's Original Answer. This is a document that's filed by the other party in a case to showcase to the court, yes, I know about this case. No, I don't want anything to happen without my knowledge or consent.

If a party fails to meet the 20 days plus a Monday deadline, they have the ability to be defaulted. But wait, Turner, you said earlier, "I have to wait at least 61 days in order to get a Decree of Divorce approved and signed by the judge." That's absolutely correct. So it doesn't necessarily make sense to serve someone with an original petition for divorce to whom you think is going to completely ignore that original petition on date two of that 61-day clock.

From a strategic stance, it makes way more sense to serve them on day, let's say 35, in which now this 20-day plus a Monday deadline will be met right around that 60, 61-day deadline. So you can turn around just after that 61 day threshold, present a final Decree of the Divorce to whatever court you may land in, and ask the judge to finalize a Default Final Decree of Divorce.

What's important to understand is even though a party may not answer the 20 days plus a Monday deadline, that doesn't necessarily mean that they can be defaulted on a Final Decree of Divorce. What's important to understand is if that 61-day threshold hasn't yet passed, it's unlikely the court is going to grant a Default Final Decree.

While the examples that have been given have been specific to divorces, modification cases are treated slightly differently. There is no 61-day deadline or a rather 61-day threshold with which a modification must be pending. A 20-day plus a Monday deadline may be sufficient for the court to default the other party should they fail to respond to the properly served lawsuit.

Thank you again for watching. If you have any comments or questions, feel free to leave them down below. Or you can find us at: familytexas.com.

свернуть