What Happens if My Spouse Ignores Texas Divorce Papers

Executive Summary

If your spouse ignores divorce papers in Texas, you can still move forward with the divorce. An unresponsive spouse may delay the process but won’t prevent it. Austin courts allow you to request a default judgment if your spouse fails to respond after being properly served. This blog explains what steps to take if you have an unresponsive spouse, how to protect your rights, and what to expect during a default divorce in Texas.

How Divorce in Texas Works

When you file for divorce in Texas, your spouse must be officially “served” with the divorce papers. This means they’re notified that the divorce has been filed and given a deadline to respond. In Austin, that deadline is the Monday following 20 days from the date of service at 10:00 a.m.

If your spouse ignores divorce papers in Texas and misses that deadline, the court may treat the case as “uncontested.” That doesn’t mean it’s finished, but it does allow you to move forward without their involvement.

What Happens if Your Spouse Ignores Divorce Papers in Texas?

A spouse cannot stop a divorce in Texas simply by ignoring the paperwork. Texas is a no-fault divorce state, which means one spouse can file for divorce even if the other doesn’t agree. An unresponsive spouse can delay your timeline, but they cannot stop the divorce completely. Here’s what usually happens if your spouse ignores divorce papers in Texas:

• You can request a default judgment. After the deadline passes with no response, you may ask the court in Austin for a default divorce.
• You still need to appear in court. Even in a default case, you must prove to the judge that your proposed divorce terms are fair and legal.
• The judge can issue final orders. If everything is in order, the judge may sign a final decree of divorce without your spouse ever participating.

In short, if your spouse ignores divorce papers in Texas, you won’t be stuck in your marriage. That said, an unresponsive spouse doesn’t mean you’ll automatically get everything you’ve asked for. Each case is carefully reviewed to make sure property is divided in a just and right manner and that any custody arrangements serve the best interests of the child.

What if I Can’t Find My Spouse? 

If your unresponsive spouse has disappeared or is avoiding service, you still have options. When you’ve made every reasonable effort to serve divorce papers and can’t locate them, you can ask the court in Austin for permission to use substitute service. That might include:

• Service via email to a commonly used email address
• Posting notice at the courthouse (in limited situations)
• Publishing notice in a local newspaper
• Leaving papers at your spouse’s last known address

You’ll need to show the court that you made a real effort to find your spouse before resorting to one of these alternative methods. Once those requirements are met, you can move forward with a default divorce in Texas.

How to File for a Default Divorce in Texas

When dealing with an unresponsive spouse in Texas, the default divorce process in Austin includes several important steps:

1. Wait for the response deadline to pass and the 60 day waiting period from the date of filing the original petition for divorce to pass
2. File a motion for default judgment with the appropriate court.
3. Schedule a court hearing to finalize the divorce.
4. Attend the hearing and present your case. When at the hearing, make sure to request a record of the hearing. Also, check with the Court to make sure you have all required paperwork for a default judgment, as there are additional forms that need to be completed for a default divorce.

Austin courts will review your petition, check that your spouse was properly served, and make sure the requests in your divorce are reasonable. If your paperwork is in order and your requests meet the legal standards, the judge can approve your divorce even if your spouse ignores divorce papers in Texas.

Finalizing Divorce in Texas Without Your Spouse

After completing the default process, attending your final hearing, and presenting your proposed divorce decree, the judge can issue final orders. These typically cover:

• Division of property and assets
• Spousal support, if needed
• Child custody and child support

If your spouse ignores divorce papers in Texas, they may lose the chance to participate in any of these major decisions.

Don’t Let an Unresponsive Spouse Delay Your Future

An unresponsive spouse can be frustrating, but they can’t stop you from getting a divorce in Texas. Whether your spouse is avoiding the process or simply refuses to engage, you still have a path forward.

If your spouse ignores divorce papers in Texas, our experienced Austin divorce and family law attorneys can help. We’ll guide you through the default divorce process, protect your interests, and help you move forward with or without your spouse. Contact Deyerle Silva Smith, PLLC today to schedule a consultation.