The appeals court disagreed that the husband’s affidavit was hearsay nonetheless, it affirmed the trial court’s denial of the husband’s motion for new trial, finding the husband failed to provide a translation for the certification of his affidavit, which rendered it inadmissible. Appellate Court Affirms Trial Court’s Denial on Different Grounds The trial court sustained the objection and denied the husband’s motion for a new trial.
The wife objected to the husband’s affidavit and his sister’s and mother’s unsworn declaration, arguing they were hearsay. His sister’s unsworn declaration stated they had purchased the home because of their mother’s credit. He claimed that he and his sister bought it before the marriage, and his mother provided the down payment and made all of the mortgage payments. He stated he knew the wife wanted a divorce, and he did not object to a divorce or to the court ordering child support or visitation, but he did not know the wife sought the home in Fort Worth where his mother was living. He stated the wife visited him there on multiple occasions. He attached an affidavit stating he had resided at the same place in Mexico since he was deported in 2012. The trial court ultimately entered a no-answer default judgment the following January. The trial court granted her motion for alternative service at the home of her husband’s mother. In a recent case, a husband sought to overturn a default judgment entered against him.Īccording to the Texas Supreme Court’s opinion, the wife filed for divorce. Under certain circumstances, however, the other spouse may get the default judgment overturned. If the other spouse fails to do so, the court may render a default judgment. When a spouse petitions for a Texas divorce, the other spouse must file an answer.
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