Killeen, TX asked in Family Law for Texas

Q: What can I do after the 20 days are up?

I got her served and she’s not responding, what are the 20 day/ default judgement need to be filed? What’s the point of the 20 day if I have to wait the 60?

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: The 60-day waiting period runs from the date the petition was filed. The 20-day time limit runs from the date citation was served on your wife.

There are a small number of unusual exceptions to the 60-day waiting period. But usually, in a divorce case, it is necessary to wait until both time periods have elapsed before proceeding to prove-up a decree by default.

The 60-day waiting period is designed to give the Petitioner a cooling off period to decide if he really wants to take the extreme step of ending a marriage.

The 20-day period is designed to give the Respondent sufficient time to hire an attorney and to prepare and file an answer to the petition.

Penny Wymyczak-White agrees with this answer

Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Houston, TX
  • Licensed in Texas

A: Make sure you file the return of citation. You can't go to court for 60 days. You will need to prepare all the documents needed for a Default. She can also answer before the 60 days which will prevent you from taking. Default .

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