DALLAS, TX- A Texas appeals court has thrown out a default divorce decree after finding the record did not show proper service on the husband, meaning the trial court never acquired personal jurisdiction over him. In an opinion issued April 8, 2026, the Fifth Court of Appeals in Dallas reversed the decree and remanded the case for further proceedings.
The case began after the wife filed for divorce in 2022. A default final decree of divorce was signed on November 29, 2022, by submission. According to the opinion, the husband later said he did not learn about the decree until July 2024, then filed a bill of review challenging it. The appeals court agreed that the record could not support the default judgment because it did not contain a return of service showing compliance with Texas procedure.
That missing paperwork was not a small technical problem. The court explained that Texas law requires strict compliance with service rules before a default judgment can stand. It also stressed that no-answer default judgments are disfavored, that courts do not presume service was valid, and that the party seeking service has the burden to make sure it was properly completed and reflected in the record…