Legal Question in Family Law in Texas

If you don't appear then only the petitioner would testify. Then the judge will divide your property. You could end up with none (0%) of the community property. Don't assume that you will automatically receive 50% if you don't show. I assume that the petitioner will have an attorney and the attorney will put on evidence. If you are not present then you cannot rebut (or defend) anything that is said about you.

I would strongly encourage you to show up and be prepared to state why you would receive 50% of the community assets and community debts.

The judge does not have to award an equal division - it can be uneven if evidence is put on in front of the judge to show that an uneven division is reasonable. It could be 55-45, 60-40, or something like that.

You do not have a no-fault divorce. You now have a contested case that is going to trial. You can also be ordered to pay all or part of her attorney's fees. You could be ordered to pay all her debts. I have no idea what the petitioner will ask that you be ordered to do -- the judge will probably grant petitioner's wishes if you are not present.

I hope this helps.