Three Reasons You Do Not Want a Default Divorce Entered Against You in Texas
Is your spouse filing for divorce in Houston or elsewhere in Harris County? If so, you should not ignore the process. Otherwise, a default divorce may be entered against you. For a number of different reasons, a default divorce is disadvantageous Here, our Houston divorce lawyer explains what default divorce is and highlights three reasons why you should avoid it in Texas.
Background: What is a Default Divorce?
Legal Information Institute defines default as the “failure to fulfill an obligation.” In the context of divorce, a default judgment may be entered if one spouse fails to engage with/cooperate with the process at all. Most often, it happens because the spouse did not respond to the divorce papers or another type of court summons before the deadline. As a consequence, a Texas court may grant the divorce by default—allowing the filing spouse to move forward with the process on their own.
Three Reasons You Should Avoid a Default Divorce
- Ignoring the Process Will Not Stop the Divorce
Some people might believe that by ignoring divorce papers, they can stall the process or perhaps prevent the divorce from happening. This is simply false. In Texas, if you do not respond to a divorce petition within the specified time frame. the court can proceed without your input. Ignoring the divorce process will not stop the divorce from going forward. Instead, it will lead to a default.
- You are Giving Up the Right to Make Your Case
By not responding to divorce papers, you effectively forfeit your right to present your side of the story. Among other things, you will lose the opportunity to dispute claims made by your spouse or to argue for your preferences regarding critical issues such as asset division, child custody, and support arrangements. A default divorce finding being entered against you in Texas is a missed chance to make your case.
- Your Spouse Will Control the Entire Process
When you do not respond to a divorce summons, your spouse gains full control over the divorce proceedings. Their control can lead to decisions that might not reflect your wishes or your legal rights. For example, your spouse could propose the division of property, debts, and even outline the terms for alimony and child support that the court may simply approve if they go uncontested. You cannot rely on your ex to look out for your rights and your best interests. Not participating in the divorce process gives your spouse the advantage to shape the final divorce order unopposed.
Consult With Our Houston Divorce Attorney Today
At Lindamood & Robinson, P.C., our Houston divorce lawyers are skilled, experienced advocates for clients. Have any questions or concerns about default divorce? We are more than ready to help. Call us now or contact us online for your strictly private, no obligation initial consultation. From our Houston legal office, we provide family and divorce representation all across Southeast Texas.
