The process of getting a divorce in Texas can be a difficult and emotional experience for everyone involved. However, if you and your spouse are in agreement about the terms of the divorce, the process can be much simpler and quicker through what is known as a default divorce. In this article, we will explain the steps you need to take in order to obtain a default divorce in the state of Texas.
Step 1: File a Petition for Divorce
The first step in obtaining a default divorce in Texas is to file a petition for divorce with the appropriate court. This document must be filed in the county where either you or your spouse reside. The petition should include the names and addresses of both parties, the date of marriage, and the grounds for divorce. In a default divorce, the grounds for divorce are typically “insupportability,” which means that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.
Step 2: Serve the Other Party
Once the petition for divorce has been filed, the next step is to serve the other party with a copy of the document. This can be done by a process server, a sheriff, or by certified mail with a return receipt requested. It is important to note that the other party must be served with the petition for divorce within 90 days of the date it was filed.
Step 3: Wait for the Other Party to Respond
After the other party has been served with the petition for divorce, they have 20 days to respond. If they do not respond within this time frame, a default divorce can be obtained. However, if the other party does respond, the process becomes more complex and a trial will be necessary to determine the terms of the divorce.
Step 4: Obtain a Default Divorce
If the other party does not respond to the petition for divorce within the 20-day period, a default divorce can be obtained. This means that the court will grant the divorce based on the terms outlined in the petition. The court will issue a final decree of divorce, which will be signed by a judge and will be the final and binding document in the divorce case.
Step 5: File the Final Decree of Divorce
The final step in obtaining a default divorce in Texas is to file the final decree of divorce with the court. This must be done within 90 days of the date the court issued the decree. Once the final decree has been filed, the divorce is considered final and both parties are free to move on with their lives.
It is important to note that even though the process of obtaining a default divorce in Texas can be quicker and simpler than a contested divorce, it is still a legal process and should be taken seriously. It is always a good idea to consult with a family law attorney to ensure that your rights are protected and that the process is handled correctly.
In conclusion, default divorce is an option for couples who are in agreement about the terms of their divorce and want to make the process as simple and quick as possible. By following the steps outlined in this article, you can obtain a default divorce in Texas without the need for a trial. Remember to consult with a family law attorney to make sure that the process is handled correctly and that your rights are protected.