In addition to common divorce concerns, navigating procedural steps is crucial for divorce proceedings in Texas. The legal document for divorce is the Original Petition for Divorce. This must be served on the spouse by a process server. The server picks up the paperwork from the courthouse and personally delivers it to the other spouse. The Petition includes a Citation, informing the individual that their spouse is suing for divorce. Understanding what happens after a default judgement in child custody is also essential in this process.
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’s 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’t 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:
- child support
- possession and access
- 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’ 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:
- a Wage Withholding Order
- a Medical Support Order
- A Child Support Information Sheet and
- a Texas Family Code 105.006 form
- Certificate of Last Known Address
- 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 “105.006” 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:
- Names
- Social security numbers
- Driver’s license numbers
- Addresses and
- 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:
- a Certificate of Last Known Address and
- 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.
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’s 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.
Ebook
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Other Articles you may be interested in:
- How to Divorce Your Spouse in Texas When Their Whereabouts are Unknown
- What does a Default Judgment Mean in a Texas Divorce?
- WHERE DO I GO TO GET DIVORCE PAPERS SERVED IN TEXAS?
- I have been served with Divorce Papers – What do I do now in Texas?
- Roadmap of Basic Divorce Procedure in Texas
- What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited
- What if My Ex Will Not Sign the Final Decree in My Texas Divorce?
- Waivers – To sign or not to sign? The answer is don’t do it!
- Special Needs Children in Texas Child Support Cases
- How to get above guideline child support.
FAQs: What Happens After Default is Entered?
What is a Default Judgment in Texas for Child Support?
A default judgment in Texas for child support occurs when one party fails to respond or appear in court after being properly served with child custody papers. As a result, the court may make decisions regarding child support and custody without the absent party’s input.
What Happens at a Default Hearing for Custody in Texas?
At a default hearing for custody in Texas, the court will review the evidence presented by the responding party. They make decisions regarding child custody and visitation arrangements. It is crucial for the responding party to attend this hearing to have their preferences and arguments considered by the court.
What Happens if You Don’t Respond to Child Custody Papers in Texas?
If you fail to respond to child custody papers in Texas within the specified time frame, the court may enter a default judgment against you. This means that the court can make decisions regarding child custody, support, and visitation without considering your input.
What Are the Consequences of a Default?
The consequences of a default can be significant. You may lose the opportunity to present your case and have a say in custody and support matters. The court’s decisions may not align with your preferences. You could be bound by the terms of the default judgment.
What Does it Mean When a Judgment is Entered by Default?
When the court enters a default judgment, it means that decisions on the case were made without one party’s participation because they failed to respond or appear. The absent party defaults, and the court’s decision becomes legally binding.
What Happens After a Default Judgment is Issued in Texas?
After Texas issues a default judgment, the court enforces decisions on child custody, support, and visitation. The absent party must comply with the judgment’s terms, and specific circumstances allow for modifications.
How Long Does a Default Judgment Last in Texas?
The default judgment in Texas remains in effect until the court modifies or sets it aside. It is essential to understand that default judgments can have long-term implications. It is best to address them promptly to protect your rights and interests.
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’s 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.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.