Legal Question in Family Law in Texas

Answer to a Divorce Decree

I was served divorce papers in May 2002. My wife canceled the hearing and we reconciled. In September we separated and she filed for temporary orders. I was late to the hearing due to circumstances beyond my control. She received default judgement. We have not been speaking and I decided to file an answer to the original divorce on 01/28/02. I faxed a copy to her attorney who called to tell me a final hearing date had already been set for 02/03/03. She then faxed me a letter stating this. I contacted the court and was told there was no date set for the hearing. I filed my answer with the court on 01/30/03. There was no final divorce decree nor were there any notations that there had been a prove up for the final decree. I then hand delivered a copy of the filed answer and asked why I had been told that there was a final hearing date set without a final decree? They told me that I needed to show up because they were going to prove up the final decree. What can I expect?


Asked on 1/31/03, 10:44 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Answer to a Divorce Decree

It sounds like the "Default Judgment" in September of 2002 was not a final judgment, but only temporary orders, but a review of the file would be good to see.

If the Court Coordinator said there was no final hearing set for 2/3/2003 then you might not have a final hearing. It could be that they only intended to have an uncontested "prove up" on that date. It might be important to know what is contained in your answer. If it does not contain a general denial, you might have a problem. At this stage, you should seek immediate legal counsel in your jurisdiction. You should find a lawyer Saturday and have that lawyer with you in court on Monday. Sorry, but Waco is too far for me, but there are several fine lawyers in that town. The court people who told you that you should be there are correct, you really should be there on 2/3. It is better to be safe than sorry. I would be there with a lawyer.

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Answered on 1/31/03, 11:33 pm


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