No-Answer Default Divorce Decree Reversed
In Wolk v. Wolk, the Third Court of Appeals has reversed a no-answer default divorce decree challenged in a restricted appeal, holding that error was apparent on the face of the record because the plaintiff presented no evidence identifying, describing, and valuing community assets awarded in the decree. Without this evidence, the trial court could not have divided the community estate in a manner that was "just and right" under Texas Family Code § 7.001. Accordingly, the appellate court reversed the decree and remanded the case for a new trial on the issues appellant raised, which also included child support and attorney's fees.
