Woman judge in courtroom making a ruling with her gavel

What Happens if Neither Party Shows Up for Divorce Court?

Divorce can be a very complicated process that could extend for months or possibly even longer than one year. A stream of hearings can be disruptive to each spouse’s schedule, but they are a crucial part of the legal divorce process in Texas.

When you reach the end of the process, the judge will be ready to make a decision on issues such as asset division and child support, child custody, and visitation (if you have children through the marriage).

When one party does not show up for divorce court, the court will likely grant a default judgment on behalf of the spouse who does show up. But what happens if neither party shows up for divorce court? This situation does not occur often, but when it does, several unwanted consequences could arise. Let’s take a closer look.

What Happens if Neither Party Shows Up for Divorce Court in Texas?

If you and your spouse have a scheduled date in divorce court, both of you must attend. If you don’t, you risk the court dismissing the divorce petition. If this occurs, you will have to refile your petition for divorce and pay fees once again.

However, the judge may not automatically dismiss your case. Instead, they may decide to reschedule, which means the case would still be active. If neither you nor your spouse attended a divorce court hearing, it is important to find out whether your case remains active. 

The judge might also choose to continue with the divorce proceedings in the absence of the spouses. If this happens, the court’s decisions are final, such as those pertaining to child support, spousal support, and property division.

Making It Through to the End of a Divorce in Texas

Although you may be experiencing a range of overwhelming emotions following the end of your relationship, it is always in your best interests to show up to your scheduled court date, even if you are not confident in the outcome. 

If neither party shows up for divorce court, the consequences could be penalties, additional difficulties, and wasted time. This means that failing to attend your court date is simply not worth the hassle.

For instance, you may face penalties from a contempt of court charge, which could also carry jail time and fines. A judge may also issue you a no-show fine or bench warrant. Together, these potential charges and penalties could place an unnecessary drain on your finances and take up a lot of time to resolve.

In addition, finally reaching the end of the divorce process typically requires immense emotional and logistical effort. Skipping out on your court date would mean losing all of the time and money you invested in the process up to that point.

Not showing up for divorce court will also likely lead to more instability and uncertainty in your life and the lives of your loved ones. If you have children, they may find the experience overwhelming, disrupting their studies and daily life.

Family Law Attorneys Help You Get Through It

Experienced family law attorneys such as our team at Parker & Aguilar help our clients make it to the end of divorce proceedings. We work diligently to ensure that each client’s interests are taken into account as you reach the finish line.

After hiring an attorney, we minimize stress around divorce proceedings and other legal procedures. Our team will handle filings, help you fine-tune evidence, and work hard to resolve other legal matters.


We can also help if you and your spouse decide to remain together as a married couple. In this situation, it is much better to show up to court to formally end the divorce proceedings rather than skip court.

When you arrive at court, we will help you inform the judge that you would like to officially revoke your divorce petition. Your assigned family law attorney will help you accomplish this goal and put the issue behind you.

Get the Divorce Support You Need from Parker & Aguilar

When working with Parker & Aguilar, you’ll get the support you need to navigate this difficult time in your life. Our Texas family law attorneys are ready to listen to your situation, defend your rights in a divorce case, and help you reach an agreement.

We currently support clients in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact us today to further discuss what happens if neither party shows up for divorce court in your county.

You can reach our offices at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to discuss your case and explore your options. We are on your side during a divorce in Texas.