Do I Have to Bring Evidence to a Default Judgment Hearing in Texas?

Besides typical divorce issues, understanding procedural steps is vital in Texas divorce proceedings. The key legal document is the Original Petition for Divorce, served on the spouse by a process server. This involves picking up paperwork from the courthouse and delivering it personally. The Petition contains a Citation, notifying the individual of the divorce lawsuit. Following this process, it鈥檚 crucial to grasp what happens after a default judgement in child custody.

Divorce Citation

The citation requires the served party to submit a written answer to the District Clerk. You must submit it by 10:00 a.m. on the Monday following twenty days after service.

Divorce by Default

Failure to submit an answer by this time allows the filing party to seek a default judgment in court.

The Court may grant a default judgment after the citation has been on file for at least ten days and the twenty-day answer period has passed.

It鈥檚 not enough to just march down to the Courthouse and ask the judge to grant the divorce though. A judge will smile and ask you to return at a later date if you don鈥檛 come to Court prepared the first time around. What do you need to finalize your default judgment divorce?

What Evidence and Paperwork is Needed?

Firstly, you must prepare and electronically file a Final Decree of Divorce with your signature with the Court. This Decree contains all of the provisions which cover issues regarding the children of the marriage:

  1. child support
  2. possession and access
  3. visitation

The filing party must justify any request for greater rights and duties than those afforded in a joint managing conservatorship by providing evidence to the Court.

A good idea is to attach that evidence as exhibits to the Decree and to reference those exhibits in the Decree itself.

The Decree must also divide the parties鈥 martial estate and debts in a just and equitable fashion. The more aggressive a party is in dividing an estate up in their favor- with their taking on more property and less debt, for instance, the more the Court will cast a discerning eye on the Decree and possibly make a party return once the document is more equitable.

BVS Form

Beforehand in a Texas divorce, the next document to file is a BVS Form, which is a Bureau of Vital Statistics form.

These fairly straightforward documents contain basic information about the parties to the divorce as well as the names of the children, if any.

Once filed, the District Clerk shares these documents with the State Bureau of Vital Statistics in Austin so that record keeping can be up to date.

Other Documents that Will be Needed

If the parties to a divorce have children, then the court must include four separate documents to grant a default divorce:

  1. a Wage Withholding Order
  2. a Medical Support Order
  3. A Child Support Information Sheet and
  4. a Texas Family Code 105.006 form
  5. Certificate of Last Known Address
  6. Service Member Civil Relief Act Affidavit.

Income Withholding

The judge will sign the Wage Withholding Order simultaneously with the Final Decree of Divorce. It includes the name of the person obligated to pay child support and provides instructions for their employer to deduct and withhold the proper amount for the support of the children.

Medical Support Order

A Medical Support Order is in the form of a Pleading that details the name of the person whose insurance plan through an employer will be supporting the health insurance of the children of a divorcing party.

Child Support Information Sheet

A Child Support Information Sheet contains somewhat more detailed information on both divorcing spouses (including their employers and social security numbers) as well as the social security numbers and dates of birth of the children.

The remainder of the document contains a rundown of the child support and medical support obligations of the party whose responsibility it is to pay those items.

105.006 Form

Finally, the 鈥105.006鈥 form includes information mandated by Section 105.006 of the Texas Family Code, which must be included in divorce pleadings.

The information that is requested is nothing out of the ordinary:

  1. Names
  2. Social security numbers
  3. Driver鈥檚 license numbers
  4. Addresses and
  5. Contact information are a part of this document

The final two documents required to accompany your Final Decree of Divorce for a default divorce are:

  1. a Certificate of Last Known Address and
  2. a Service Member Civil Relief Act Affidavit

Certificate of Last Known Address

Either the filing party, if unrepresented, or the filing attorney is responsible for completing the Certificate of Last Known Address. They must affirm that, to the best of their knowledge, the last known address of the other party was the one where they were served with the divorce filings.

Service Member Civil Relief Act Affidavit

The Service Member Civil Relief Act enables military members on active duty deployments to avoid default judgments under specific circumstances. The affidavit is a statement under oath letting the Court know that the other party is not a member of the military and can therefore have a default judgment rendered against him or her.聽

As readers quickly learn from this blog post, obtaining a default judgment in a divorce case requires more than just showing the Court that the other party was served and a Final Decree of Divorce has been drafted. It鈥檚 crucial to comprehend the consequences of a default judgement in child custody as well in this process.

To increase your chances of obtaining a default judgment on your first attempt, it makes sense to have an attorney represent you. The Houston divorce lawyers with the Law Office of Bryan Fagan, PLLC have a great deal of experience with default divorces and the paperwork that is necessary to complete the divorce. Please contact our office with any questions on this area of law for a free of charge consultation.


In conclusion, navigating the complexities of divorce proceedings in Texas requires a thorough understanding of procedural steps, including the serving of legal documents such as the Original Petition for Divorce. However, it doesn鈥檛 end there. It鈥檚 equally essential to comprehend what happens after a default judgement in child custody. This phase of the process can have significant implications for both parties involved, highlighting the importance of being well-informed and prepared every step of the way. By staying informed and seeking legal guidance when needed, individuals can navigate divorce proceedings with clarity and confidence, ensuring the best possible outcomes for themselves and their families.


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  2. Can you file a motion for new trial in your divorce case after a default judgment was rendered against you?
  3. Streamlining Family Law Cases in Texas: The Magic of Summary Judgment
  4. I have been served with Divorce Papers 鈥 What do I do now in Texas?
  5. Roadmap of Basic Divorce Procedure in Texas
  6. What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited
  7. What if My Ex Will Not Sign the Final Decree in My Texas Divorce?
  8. Waivers 鈥 To sign or not to sign? The answer is don鈥檛 do it!
  9. Special Needs Children in Texas Child Support Cases
  10. How to get above guideline child support.

FAQs: What Happens After Default is Entered?

Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it鈥檚 important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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