What Is A Divorce By Default? - Bineham & Gillen

divorceWhat Is A Divorce By Default?

July 19, 2022by James Gillen

Divorce is a complex and emotionally charged process that requires lots of patience. At Bineham and Gillen, we understand more than just the legalities of this decision. Our experience as legal advocates has only grown in the 30-plus years we’ve been in business. This means you can trust us when it comes to divorce by default.

A divorce attorney must be sensitive and assertive, guiding you toward the smartest option with compassion and confidence. At our firm, we have plenty of background in family law, child support and child custody cases. Our goal is to be as discreet as possible and respect your needs while prioritizing honesty and transparency within your situation. We take pride in the relationships we develop with our clients through kindness and open communication.

Read on for more information about our mission at Bineham and Gillen and how we can help your divorce go smoothly.

What Does Default Divorce Look Like?

When you or your spouse is looking to proceed with a divorce, the person who files first is usually called the petitioner. The other party is the respondent.

After filing, a sheriff will serve the papers to the respondent and begin the divorce process officially. Once the sheriff has delivered the documents, the respondent has three to four weeks to file their answer. If they don’t answer in time, the petitioner is permitted to file for a default divorce. Petitioners who call the state of Texas their home must wait 60 days after filing before their divorce can be finalized.

At the end of the 60-day period, the petitioner can move forward with scheduling a court date if the respondent has still not filed an answer. But if the respondent submits anything before the hearing has commenced, the petitioner cannot be granted a default divorce.

Pros And Cons Of A Default Divorce

Filing for a divorce can easily feel overwhelming. Yet there are some distinct pros and cons to a default divorce, some of the most notable ones being:


  • Lower attorney fees
  • Fewer court costs
  • No income info needed
  • Zero asset paperwork required


  • Miscommunication risks between the respondent and petitioner
  • Paperwork errors
  • Respondent rights can be stripped away if they contest too late

Should I Hire A Lawyer?

Finding a qualified lawyer is often beneficial when it comes to catching filing mistakes and finalizing your divorce as swiftly as possible.

If you’re interested in hiring Bineham and Gillen as your trustworthy family law attorneys, feel free to check out more of our services and how we can help you in the courtroom. You want to be prepared if your spouse contests the divorce. So, don’t be afraid to reach out to us at any time!

Contact Us At Bineham And Gillen Today!

At our firm, you can rest assured that you have our full attention when it comes to Texas default divorce. Our skilled San Antonio attorneys are more than ready to guide you through the filing process whenever you choose to begin.

With our background as respected lawyers in the courtroom, our team has learned all the tips and tricks that come with anticipating divorce decisions and behavior. Contact us and speak to one of our attorneys for default divorce assistance today.