Question:
I was served an "Original Petition for Divorce" and returned "A Written Reponse to the Original Petition for Divorce" to the Bexar County Courthouse. Included in that written response was a settlement agreement. I live in San Diego and am corresponding with the plaintiff's attorney and the court. I received yesterday a filed stamped copy of the Motion to set on the Non-Jury Docket. The hearing is set for January 26, 2006 at 9:00 A.M., in the Presiding District Court. Remembering that I do not live in the state and have been corresponding, what are my options to this motion and am I compelled to attend? If I am not in attendance may the court stipulate to settlement, child support, visitation matters? Or is the hearing limited to setting a date?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Texas. I would never advise you not to appear to a matter that you are uncertain as to the proceeding. I advise you call the Court's clerk and inquire what is set. If you do not appear then your wife can ask the Court to enter a default Judgment against you (assuming you have been served).
