On that day, you will bring all your original divorce paperwork. The clerk should be able to give you a date and time when the court can hear your uncontested case.
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If sixty days pass and your spouse has not filed an answer, you can call the courthouse to find out when a judge next hears uncontested divorce cases or how to schedule a hearing on a default judgment. Even if your spouse fails to timely file an answer after service with divorce papers, they can still file at any time before you finish your divorce. This sixty-day waiting period includes weekends and holidays. Under Texas Law, you must wait sixty days from the date that you filed your original petition for divorce before you can finish your divorce.
If your spouse does not timely file an answer after receiving service, your divorce is not yet final. What Happens If My Spouse Does Not File an Answer? If they do not file an answer in time, the filing spouse may be able to obtain a default divorce. following the expiration of twenty days to file an answer. Once the sheriff has served the respondent spouse with divorce papers, the respondent has until the next Monday at 10 a.m. The respondent spouse may not know that the petitioner has filed for divorce until they receive service.
Spouses approaching divorce do not always communicate regularly. Service provides notice of the divorce to the respondent spouse. Once the petitioner has filed these papers, the sheriff, constable or private process server will serve the respondent spouse with the divorce papers.
Call Our Office What Happens at the Beginning of a Default Divorce?Īt the start of every divorce proceeding, one spouse becomes the filing or petitioning spouse by filing initial divorce papers.
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