Default Prove Up Hearing With Judge In San Antonio
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FAQ
A default judgment in Texas occurs when the court rules in favor of the plaintiff because the defendant fails to respond to the lawsuit or appear in court. This typically happens when the defendant does not file an answer within the required timeframe, usually 20 days after being served.
A default prove up is essentially a short court hearing where the individual seeking the divorce presents evidence to the judge. This is necessary because, in a default situation, the judgment is submitted without the agreement or participation of the other spouse.
Here's the short answer: A Texas Divorce Prove-Up is a brief court hearing where the judge reviews the terms of your uncontested divorce—property, custody, support, and all—and, if everything looks good, signs your Final Decree of Divorce. It's quick, but it's not something to wing.
60-Day Waiting Period: Texas law requires a 60-day waiting period (Texas Family Code) after filing. This applies to all divorces, including defaults.
Prove-up hearings are typically required in cases where one party has defaulted by not responding to or otherwise making an appearance in a case. In a divorce, if a party has not filed a response by the end of the 60-day waiting period, a party can enter a Default Final Decree of Divorce.
This is the hearing where you would have to prove the damages you are claiming, including any special damages (wage loss, medical expenses, etc.) and general damages (emotional disstres and pain and suffering). In some ways, this hearing is just like trial testimony.
Otherwise, you'll usually need to attend a default hearing, where a judge will review your proposed divorce judgment and may ask some questions or request that you submit more information before making an official ruling.
The motion for default judgment and proposed default judgment are entered on the docket. From the Clerk: The plaintiff should make a written request for the clerk to enter a default judgment, and provide the clerk with an affidavit of the amount owed by the defendant and a proposed clerk's default judgment.