This question has been addressed in 1 Texas court opinion:
COA14 — February 24, 2026
In Tiney v. Tiney, a wife obtained a default divorce after her husband failed to respond to the petition. The trial court divided the marital estate, including a home and retirement accounts, despite the wife providing virtually no evidence regarding the value of these assets during the hearing. The husband appealed, challenging both the validity of the service of process and the evidentiary basis for the property division. The Fourteenth Court of Appeals affirmed the service of process, ruling that Texas law does not require a return of service to include a physical description of the defendant. However, the court reversed the property division, holding that under Texas Family Code § 6.701, a petitioner in a divorce must still prove their case with substantive evidence even if the other party defaults. Because the record lacked any information on asset values, the trial court's division was an abuse of discretion.
Litigation Takeaway
“A default judgment in a Texas divorce does not mean an automatic win; you must still 'prove up' the value and nature of all community assets with specific evidence to ensure the property division survives an appeal.”