Can a finalized default divorce be reopened in San Antonio, TX.

Once the court has finalized your divorce on a default, due to defendent not responding, can it be reopened with a motion?

San Antonio, TX -

Attorney Answers (3)

Dana Joseph Stewart

Dana Joseph Stewart

Family Law Attorney
Answered

Yes, it is possible for the party that defaulted to "reopen" the case. This can happen by filing a motion for new trial, an appeal or even a bill of review. I realize those terms probably don't mean much to you, but the point is - there are ways to "reopen" the case.

The iems mentioned above have different time constraints on when they must be filed. For example, a motion for new trial must be filed within 30 days after the judgment was signed. I cannot tell from your question whether you are the party that defaulted. If you are, then I advise you to immediately contact an attorney as the clock is ticking. Best of luck.

This answer is intended for informational and educational purposes only and should not be considered legal advice... more
Christopher Jay Harding

Christopher Jay Harding

Divorce / Separation Lawyer - Dallas, TX
Answered

As long as requested within 30 days of the order being signed, or a longer period of time under some very specific circumstances. This has to be reopened in the same court that it was closed in.

This answer is intended for informational and educational purposes only and should not be considered legal advice... more
Edgardo Rafael Baez

Edgardo Rafael Baez

Divorce / Separation Lawyer - San Antonio, TX
Answered

Under certain conditions the answer is yes, you have to act fast if you are the party seeking the action.

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