Typical Process of Divorces
The general process in Texas for a divorce is once a spouse files for divorce, the other spouse is notified of the filing either by agreeing that the process has been started by signing a Waiver of Service or by being personally served by a police officer or process server.
If your case requires the necessity of the other spouse being personally served, they will be notified that they have until the first Monday following the expiration of 20 days to file a response with the Court or they may be in default and the Court can move forward with their case without further notice to them.
But, in Texas, we also have a 60 day waiting period that, in most cases, prevents a court from finalizing a divorce until at least 60 days has gone by since the filing of the divorce.
In most cases, once a spouse learns of the divorce by personally served, they will engage an attorney or send filings to the court to ensure they are notified about all aspects of that case. From there, depending on the complexity of the estate, the potential battle over child custody, the personalities of the parties, and the court your case is in, the case can be over as quickly as that 60 days has lapsed or up to a year or longer.
So, What if My Spouse Doesn't Respond?
First, merely because your spouse does not respond on that first Monday after 20 days have lapsed since he or she was served, does not necessarily mean that you can be divorced then or shortly thereafter. Because of the waiting period in Texas, the first hurdle to meet to finalize the divorce is for 60 days to have lapsed since filing of the divorce. (There are certain scenarios where you do not need to wait the full 60 days, but you should meet with an attorney to determine whether your case fits). This means that if your spouse was served fairly soon after the filing of the divorce, then he or she has even more time to be able to respond and will not necessarily be penalized by not getting a response filed with the court on that Monday deadline.
Second, even if you have met the deadline hurdles of 60 days passing and no response ever being filed timely, finalizing a divorce on a "default" ground is not as simple as submitting a proposed order to the court for signature. You will still need to be required to provide evidence to the Court of all assets owned by you and/or your spouse, the values of those assets, and why you believe the division of those assets are a just and right division of the community estate. In the event that child custody is also a component of your divorce, you will also be required to provide evidence to the court why your requested parenting plan is in the child's best interest.
Ultimately, it doesn't matter if your spouse doesn't want the divorce. The process can still move forward and you can still be awarded a divorce.
What if My Spouse or the Other Parent Responded but is not Abiding by the Process or Court Orders?
Unfortunately, merely because your spouse or other parent does not respond to discovery, or does not respond to offers or correspondence about the case, does not mean that the Court can move forward without their input so long as they have properly appeared in the case (whether by filing a response with the court or showing up in court at a hearing).
If you have specific questions about how to move forward with your case, please contact us at 469-466-5030 or firm@marynealfamilylaw.com to schedule a consultation with Board Certified Family Law Attorney, Mary Neal.
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