What is a default divorce?

A default divorce is a type of divorce available in the state of Texas. It is a way for one spouse to obtain a divorce when the other spouse has not responded or cannot be found. In order to proceed with a default divorce, the filing spouse must fulfill certain requirements. First, the filing spouse must provide proof that the needed paperwork has been properly served on the other spouse. Additionally, the filing spouse must provide an affidavit to the court that indicates that the other spouse has not responded or cannot be found. The affidavit must also state that the filing spouse has made reasonable efforts to contact the other spouse. If the court accepts the affidavit, it will enter a divorce judgment by default. The divorce will be granted without a hearing. The filing spouse can later ask the court to order the other spouse to pay alimony, child support, or other expenses. To do this, the filing spouse must provide evidence to support their claims.

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