Defaults
No-Answer Default
If your spouse is missing, if you have lost contact with your spouse, or if your spouse refuses to cooperate with your attempts to divorce, the law firm offers a wide range of legal services to help you.
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Lauren Jay Carrington Smyth
Born in San Antonio, qualified in Texas, D.C., England and Wales, Lauren Smyth worked as a Senior Attorney and Vice President in leading big City firms and Fortune 500 Companies before moving back to Texas to set up her family law firm.
FAQ
A no-answer default (“Default”) occurs when a person, having been served, fails to file an answer to a lawsuit within the required time frame.
From the day your spouse is served, he or she is given at least twenty (20) days + the next Monday at 10:00 a.m. to file an answer. If your spouse fails to file an answer in time and all other requirements have been met (**), then you can proceed with a Default.
**In a divorce, the sixty (60) day mandatory cooling-off period will need to expire before you can proceed with the Default. There is no cooling-off period for an annulment.
You might need a Default if:
– your spouse is missing,
– your spouse refuses to communicate or cooperate, or
– your spouse is evading service.
A Default may not be right for you if:
– there is uncertainty as to the assets or debts held by your missing spouse,
– you need to conduct discovery to uncover evidence relating to your missing spouse and his or her assets, or
– your missing spouse is in the military and on deployment.
If you would like to discuss your options in more detail please contact us to arrange a legal consultation.
In a Default, the courts will need details of:
- the reasonable efforts you have made to contact your spouse using the means of communication available to you (phone, email, social media, etc.),
- when and where you last saw your spouse,
- your spouse’s last known residential address, and
- the reasons why you believe your spouse is not in the military or, if he or she is in the military, confirmation that they are not deployed (you can not default a deployed military service member).
If you and your spouse acquired a home or other substantial asset during the marriage, the courts are likely to appoint a lawyer (known as an “Ad Litem”) to make reasonable efforts to find your spouse and protect his or her interests.
If the Ad Litem fails to find your spouse, he or she might be asked to testify at the final hearing to consider your spouse’s best interests in the fair and equitable division of the marital estate.
If your spouse is missing, the courts may appoint a lawyer (known as an “Ad Litem”) to make reasonable efforts to find your spouse and protect his or her interests.
If the Ad Litem fails to find your spouse, he or she might be asked to testify at the final hearing to consider:
- that the possession and access, child support, medical support, and dental support contained in the decree are in the best interests of each child,
- what rights your spouse might have to each child’s property (if any),
- the ongoing care, supervision, and support needed for a child with a disability, and
- any evidence or testimony showing that your spouse is refusing to reply to divorce papers or communicate with you on child custody issues.
The law firm offers a range of Default legal services.
If your spouse is missing, we offer affordable and streamlined options starting from $750 for just the documents, up to $1,550 + court fees + service fees if you want the law firm to handle the entire process for you.*
*If you have existing child support orders, we will charge $500 for an additional hour of legal services to consolidate the case and liaise with the Attorney General.
