Short answer: yes, you can.
In Texas, if your spouse refuses to respond or simply ignores the divorce papers, the court allows what’s called a default divorce. This means you can still move forward, but there are steps you’ll need to follow carefully.
Once you’ve officially filed and your spouse has been properly served, they have about 20 days plus the following Monday to respond. If they don’t, and at least 60 days have passed since your filing date, you can ask the court to move forward without them.
In a default divorce, a judge can still:
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Grant the divorce
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Divide property and debts
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Decide custody, visitation, and support (as long as you present clear evidence)
That said, you must prove your spouse was served correctly. If not, they could later try to challenge the divorce. Also, even if they don’t show up, the judge will still review your case to make sure everything is fair under Texas law. You won’t automatically get everything you ask for.
If you’re dealing with a spouse who won’t participate, it’s important to get legal advice before making your next move. A default divorce can be a good option, but only if it’s done right from the start.
📞 Questions? Call (713) 980-9012 to schedule a free consultation with family law attorney Sandra Gomez at Gomez Law PLLC. We’re here to help you move forward.