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When a court issues a default judgment in a divorce case, it means one spouse didn’t respond or appear in court, so the judge granted the other party’s requests. It’s often a stressful experience, especially if you feel the decision was unfair or made without your side of the story. But the question many people have is: can you still fight back? The answer is yes, in some cases, you can file a motion for a new trial.
This legal step allows you to ask the court to reconsider the judgment and give you another opportunity to present your case. However, it’s not automatic or guaranteed. You must meet certain requirements and file your motion within a limited time.
Understanding Default Judgments in Divorce
In a divorce proceeding, a default judgment happens when one party doesn’t respond to the divorce petition or fails to appear in court. This often leads the court to grant the divorce and related orders like property division, child support, or custody based on the requesting spouse’s claims.
Courts don’t issue default judgments lightly, but they also value efficiency. If you ignore notices or miss deadlines, the law allows the court to proceed without your participation. This can leave you in a tough position, especially if the final order affects your rights to property, parenting time, or financial support.
What a Motion for New Trial Means
A motion for new trial is a request asking the court to set aside its prior ruling and reopen the case. It’s an official statement that something went wrong during the process, such as:
- You didn’t receive proper notice of the hearing
- There was a mistake, accident, or misrepresentation
- New evidence has come to light that could change the outcome
- The judgment was obtained unfairly or through misconduct
This motion gives you a second chance to present your side, provided you can show valid legal grounds.
When You Can File the Motion
Timing is critical. Under Texas Rules of Civil Procedure, a motion for new trial must usually be filed within 30 days of the judgment. Waiting beyond this period can make it impossible to challenge the ruling in the same court.
There are exceptions, but they’re limited. If you can prove that you didn’t receive notice of the judgment within 20 days after it was signed, you may have up to 90 days to file. Even then, you must act fast because courts rarely extend deadlines.
Legal Grounds for Requesting a New Trial
To convince a judge to reopen your case, your motion must show strong reasons. Texas courts apply a three-part test, known as the Craddock test, when reviewing these motions. To succeed, you must prove:
- The failure to appear wasn’t intentional or the result of conscious indifference. You must show that you didn’t purposely ignore the case. For instance, if you didn’t get notice or there was a misunderstanding, that could qualify.
- You have a valid defense. You need to demonstrate that your side of the story could change the outcome. Maybe you can dispute certain claims about assets or child custody.
- Granting a new trial won’t cause unfair delay or harm to the other party. The court wants assurance that reopening the case won’t create unnecessary complications.
If your motion meets all three elements, the court may decide to vacate the default judgment and schedule a new hearing.
Common Reasons Courts Grant New Trials
Courts may allow a new trial in several situations, including:
- Lack of proper notice
- Incorrect service of process
- Clerical or procedural mistakes
- Excusable neglect
- Misrepresentation or fraud
Each case depends on its facts, so it’s best to act quickly and consult an attorney familiar with Texas family law.
How to File a Motion for New Trial
Filing this motion involves several steps:
- Prepare your motion. Clearly state your reasons for requesting a new trial and include supporting evidence.
- Submit your motion to the court. File it within the required time frame and pay any applicable fees.
- Serve a copy on your spouse or their attorney. The opposing party must receive formal notice.
- Attend the hearing. The judge will review your arguments and decide whether to grant or deny the motion.
Be detailed but factual in your motion. Judges value documentation that supports your claims over emotional appeals.
What Happens If the Motion Is Granted
If the court grants your motion for new trial, the previous default judgment is set aside. The case reopens, and both sides can present evidence, call witnesses, and make arguments. You’ll get a fair opportunity to defend yourself and influence the outcome.
Once the case restarts, make sure to stay informed about deadlines and court dates. Missing another appearance could result in a repeat default.
What If the Court Denies the Motion?
If your motion for new trial is denied, you may still have one last option: filing an appeal. This process allows a higher court to review the trial court’s decision to determine if any legal errors occurred.
Appeals have their own deadlines and strict procedural rules. Typically, you must file a notice of appeal within 30 days after the court signs the judgment or order denying your motion.
However, appeals can be time-consuming and expensive, so discuss your options carefully before proceeding.
Practical Tips to Avoid Default Judgments
To prevent getting caught off guard again, keep these steps in mind:
- Respond promptly to all legal notices
- Keep your contact information updated with the court
- Hire a family law attorney or seek legal aid if you can’t afford one
- Attend every scheduled hearing
- Request written confirmation of all filings and orders
Why Acting Quickly Matters
Family law cases move fast. Once a default judgment becomes final, reversing it becomes extremely difficult. Filing a motion for new trial is time-sensitive, and any delay can permanently close the door on your chance to fight back.
Even if you believe the judgment was unfair, the court won’t act unless you follow the proper procedures and meet the deadlines. Acting promptly shows the judge that you’re serious about resolving the issue responsibly.
Takeaways: Filing a New Trial Motion After a Default Divorce JudgmentFinal Thoughts
Getting a default judgment in a divorce case can feel like the end of the road, but it doesn’t have to be. Filing a motion for new trial gives you one more opportunity to tell your side of the story. It’s a process that demands precision, strong reasoning, and swift action.
If you believe your rights were violated or that you didn’t receive proper notice, consult a qualified family law attorney right away. With the right guidance and timely response, you can restore fairness to the process and protect your interests.
Need Legal Assistance?
If you’re facing a default judgment in your divorce case, contact the Law Office of Bryan Fagan, PLLC. Our team helps clients throughout Texas understand their legal options and act quickly to protect their rights. Schedule your free consultation today to discuss your case and explore possible next steps.
Other Related Articles
- How to Prepare: What Evidence is Needed for a Default Judgment Hearing in Texas
- What Does a Default Judgment Mean in a Texas Divorce?
- When Can a Judgment Nunc Pro Tunc Be Used in Texas Divorce Proceedings?
- Streamlining Family Law Cases in Texas: The Magic of Summary Judgment
- Why Refusing to Sign Divorce Papers in Texas Won’t Stop the Process
- Understanding What Is a Motion for New Trial in Texas Courts
- AJ Armstrong’s Motion For A New Trial
- Unlocking the Legal Code: Deciphering Motion vs. Petition
- Karen Read: The Interesting Mistrial Mishap
- What to Expect at a Texas Divorce Trial A Step-by-Step Guide
FAQs on Settling Default Judgments
Yes, settling a default judgment is possible, often through negotiation with the creditor or by filing a motion to vacate the judgment if there are valid legal grounds.
In Texas, a default judgment in divorce can finalize the divorce and determine aspects like property division and child custody, based on the petitioner’s requests.
Vacating a default judgment means having the court set aside the judgment, usually due to valid reasons like not being properly served or an inability to respond in time.
In Michigan, defaulting on a divorce can lead to a default judgment, granting the divorce and possibly deciding on issues like alimony, custody, and property division without the defaulted party’s input.
A default judgment can stay on your credit report for up to seven years, impacting your credit score and ability to secure loans or credit.
Yes, in Texas, you can appeal a default judgment, typically within 30 days of the judgment, especially if you have a valid reason like not receiving proper notice.
To challenge a default judgment in Texas, you can file a motion to vacate the judgment, showing valid reasons such as lack of proper service or an excusable default.
In Texas, a default judgment typically lasts for ten years and can be renewed for another ten years, allowing for a long period of enforceability.
