Motion for New Trial

In Texas, the dissolution of a marriage can sometimes conclude in a manner that one party may not fully anticipate, leading to a default divorce judgment. This outcome typically occurs when one spouse fails to respond to a divorce petition, allowing the court to make decisions in their absence. While seemingly final, Texas law provides mechanisms for recourse, one of which is the motion for a new trial. Understanding the intricacies of this process is crucial for those seeking to contest a default judgment, and the Craddock test is central to this understanding.

The Legal Landscape of Default Divorce Judgments

A default judgment in a divorce proceeding can dramatically impact an individual’s life, affecting everything from asset distribution to child custody. The reasons behind a party’s failure to respond or appear can vary widely, from lack of notification to personal crises. Regardless, the path to challenging such a judgment is paved with legal complexities and stringent requirements.

The Craddock Test: A Beacon of Hope

At the heart of a motion for a new trial in Texas is the Craddock test, a three-pronged legal standard derived from Texas case law. This test serves as a guideline for courts to determine whether to grant a new trial to a party who failed to respond in a default divorce case. The test is articulated in several key rulings, offering a roadmap for those seeking another day in court.

“A no-answer default judgment should be set aside and a new trial granted when the defaulting party establishes the three Craddock elements: (1) the failure to appear was not intentional or the result of conscious indifference, but was the result of an accident or mistake, (2) the motion for new trial sets up a meritorious defense, and (3) granting the motion will occasion no delay or otherwise injure the plaintiff.” (Ugarov, 224 S.W.3d at 536 citing Craddock, 133 S.W.2d at 126).

Element One: Accident, Mistake, or Unintentional Absence

The essence of the first Craddock element is the absence of intentional or consciously indifferent behavior leading to the default judgment. This criterion underscores the importance of providing a plausible and uncontested explanation for the failure to appear or respond.

“The first Craddock element is satisfied when the defendant’s factual assertions, if true, negate intentional or consciously indifferent conduct by the defendant and the factual assertions are not controverted by the plaintiff.” (Milestone Operating, Inc. v. ExxonMobil Corp., 388 S.W.3d 307, 310).

This element recognizes the complexity of human circumstances, offering a threshold for explanation that respects the unforeseen and uncontrollable aspects of life.

Element Two: Meritorious Defense

The requirement of a meritorious defense introduces the need for a substantive argument that could potentially alter the outcome of the case. This defense does not necessitate conclusive proof at the motion stage but requires a legally sufficient claim that, if proven, would justify a different verdict.

“A meritorious defense is one that, if proved, would cause a different result on retrial of the case, although not necessarily a totally opposite result.” (Jaco v. Rivera, 278 S.W.3d 867, 873).

This element is pivotal, as it moves the consideration from procedural fairness to the substantive merits of the case at hand.

Element Three: No Prejudice to the Plaintiff

The final Craddock element ensures that the motion for a new trial does not unjustly disadvantage the plaintiff. This protection balances the scales of justice, ensuring that the reconsideration of the case does not come at an undue cost to the initial victor.

“Once a defendant has alleged that granting a new trial will not injure the plaintiff, the burden of proof of injury shifts to the plaintiff.” (Dolgencorp, 288 S.W.3d at 929; Jaco, 278 S.W.3d at 873).

Navigating the Procedural Maze

The process of filing for a new trial demands precise adherence to procedural rules and timelines. The motion must be filed within 30 days of the judgment, necessitating swift and decisive action. Crafting a compelling motion involves not just the articulation of the Craddock elements but also the strategic presentation of evidence and argumentation to support each criterion.

The Critical Role of Legal Representation

Given the complexities and high stakes of filing a motion for a new trial, the guidance of an experienced family law attorney becomes invaluable. An attorney can provide not just the legal expertise necessary to navigate the procedural aspects of the motion but also the strategic insight to effectively argue the Craddock elements. Moreover, legal representation ensures that the motion for a new trial is not just a procedural formality but a substantive opportunity to achieve a fairer outcome.


The journey to challenge a default divorce judgment in Texas through a motion for a new trial is marked by legal and procedural complexities. However, it also represents an essential avenue for achieving justice and equity in situations that were initially resolved without a party’s participation. The Craddock test provides a structured framework for individuals to argue for a reconsideration of their case, offering a pathway to contest a default judgment and seek an outcome that more accurately represents their rights and interests.

At The Blacknall Firm, we are committed to providing our clients with expert guidance and representation in navigating the intricacies of Texas family law. If you are dealing with the consequences of a default judgment and believe you have grounds for a new trial, we are here to support you. By understanding your legal options and acting swiftly, especially considering the critical 30-day filing deadline, you can take a significant step towards rectifying the situation. Contact us today to discuss your case and explore how we can assist you in pursuing justice and a second chance in court.