Default Judgement In Texas Child Custody
Description
How to fill out Application For Entry Of Default - Affidavit - Motion - Entry Of Default - Default Judgment?
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FAQ
Under Texas law (Texas Family Code § 157.115), a court may render a default judgment in a divorce case if the party in question has been properly served and he or she fails to appear in court or otherwise properly respond to the divorce petition.
If they don't answer, the Texas Family Court can grant a default judgment and finalize the divorce without their say in the matter. A default judgment means the divorce will be finalized without the other party's input regarding asset division, child custody, child support, spousal support, and other important issues.
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. Internal Procedures: All documents are forwarded to the docket clerk for processing within 24 hours.
Generally, a Motion to Set Aside a Default Judgment and Notice of Hearing must be filed within 30 days of the date the default judgment was signed by the judge. Lastly, if you were served notice of the default judgment by publication, you have two years from the date of the default judgment to ask for a new trial.
?Default? means you have the other parent (or other respondent) served with the initial court papers and he or she does not file an answer with the court. If the other parent (or other respondent) is served and defaults, you can finish the case without them.