Many divorces in Texas are contentious and require months to resolve. In cases involving complex marital estates or minor children, the timeline for divorce can easily extend beyond a year.
Some people may be eligible for much more rapid divorce proceedings. Default divorces are among the fastest uncontested divorces finalized in Texas. Understanding what constitutes a default divorce can help people understand when they may be eligible for this.
A default involves a failure to respond
The standard divorce process begins when one spouse petitions the courts for divorce. They must then serve the legal paperwork to the other spouse. The spouse served with divorce papers has roughly three weeks from the date of service to file a written response with the local family courts. The failure to do so can lead to default proceedings.
The spouse who petitioned the courts for the divorce submits proof of service and asks that the divorce proceed according to the terms that they proposed due to the lack of response from the other spouse. Default divorces can be faster than contested or litigated divorces. They also frequently result in the petitioning party setting the terms for the divorce.
However, they are also subject to post-decree litigation in some cases. Working with a spouse to establish mutually agreeable terms for an uncontested divorce may not be as fast as a default divorce, but it can be a very effective approach to the end of a marriage.
Every unique marital situation requires a custom approach to divorce. People who understand the different rules that govern divorce proceedings can take the necessary steps to expedite the process, even if their spouses refuse to participate.
