No marriage begins with thoughts of a breakup. In the early stages, couples are optimistic, planning a full life together. Yet, statistics show that over 40% of first marriages end in divorce, with even higher rates for subsequent marriages. The end of a marriage can be devastating, not just because you’re losing a partner but also the future you envisioned.
When served with divorce papers, the situation can be heartbreaking, leading to questions about whether negotiating for assets, custody, or support is worth it. You may react with surprise or anger, choosing to ignore the filing. However, not responding to a divorce petition can lead to consequences such as a default judgment.
A default judgment divorce can significantly affect issues such as property division, spousal support, and child custody. Here’s what you need to know about how this works.
What Is Default Judgment?
In Texas, there’s a specific timeframe for responding to divorce papers. If you do not respond within the state timeframe, you could lose your rights in the divorce proceedings or face an unfavorable outcome.
For example, many spouses have a vested interest in the outcome of a divorce case. They may want to remain in a family home or leave and have the other spouse buy them out. They may want to sell the house and split the profits.
Also, issues like child custody arrangements and spousal and child support are often negotiation points during a divorce. Courts have guidelines or even formulas in place to help make these important decisions when spouses can’t agree, but many people still want to have a say in these decisions.
If you’re not the spouse filing for divorce, you have a limited amount of time to respond to the petition. Starting from the day you were served with divorce papers, you typically have about 20 days – including weekends and holidays – to file your answer with the court.
Ideally, you shouldn’t wait until the last minute to respond in the event of unforeseen circumstances, such as the family court in your county unexpectedly closing for the day.
What Could Happen if You Don’t Respond
If you fail to respond to a divorce petition, you essentially agree to proceed with a default divorce. But what does this mean in practical terms?
Essentially, you will not have input in the outcome of the divorce. You will not be able to present arguments on critical matters such as spousal maintenance, child custody, child support, division of assets, and other issues that will impact your life moving forward.
Are There Any Upsides to a Default Judgment?
If you don’t want to deal with your spouse, you don’t care about the outcome, and you just want the process to be over with, a default judgment divorce may serve you well. But you risk an unfavorable outcome that will impact your post-divorce life.
Going this route is typically the fastest and least expensive way to finalize the divorce process because there is no negotiation. The person who started the divorce process will essentially get what they request – within reason as determined by the judge.
Texas is a community property state, which means assets acquired during the marriage are equally owned by both parties and must be divided accordingly during divorce. Still, your spouse could end up with assets you wish to keep, as you have no recourse to negotiate.
While the filing spouse must answer to a judge regarding a fair division of assets and the best interests of children, you won’t be able to disagree or participate in the proceedings. You must simply accept the court’s judgment.
Work With a Qualified Divorce Lawyer to Avoid a Default Judgment Divorce
Being served with divorce papers can be overwhelming. Although you may not want to participate in the process at first, we recommend that you take action instead of settling for a default judgment that could put your future at risk.
To avoid entering a default judgment divorce, you will want to talk to a family law attorney about your situation. One of our knowledgeable attorneys at Parker & Aguilar can provide sound legal advice and representation that serves your best interests.
We’ll examine your specific situation and help you understand the risks of not responding to the petition. Once you’ve filed a response to the divorce petition, you can start negotiations with a skilled and experienced family law attorney on your side.
We currently represent spouses in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton law office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with our compassionate and qualified team.
Let us provide you with the legal support you need during this difficult time.