It’s hard enough when both people have decided to end the relationship; however, it’s even more stressful when one person does not agree to the divorce. If this is the case, how do you get a divorce in Texas when the other person doesn’t want to?
There can be several reasons why your spouse will refuse to divorce you:
- They genuinely don’t want the marriage to end
- Your spouse wants to make things difficult for you
- They believe that refusing to sign the decree means the divorce will not happen
- Your spouse is holding things up to have leverage over you
So what do you do when you want a divorce, and your spouse refuses? Do you try to reason with them? Does every conversation you try to have with them now turn into a fight?
Even though your soon-to-be-ex will not sign off on your divorce, it doesn’t mean you can’t go ahead with filing for a divorce. In Texas, you don’t have to first legally separate. Your spouse will most likely contest the divorce; however, because of Texas divorce laws, the divorce will eventually proceed.
Choosing to work with an experienced Texas divorce attorney will help you navigate this complicated process.
How to Proceed with the Divorce in Texas
You and your Texas family law attorney can take steps to obtain a divorce, even when the other person refuses to acknowledge it. There are options to choose from:
1. Mediation
Mediation is a good option if you think you and your spouse can eventually come to some sort of agreement. A mediator will help you both navigate your marital issues. It’s a good idea to have a third party help you both navigate through this difficult time. It is even an option to speak with your divorce attorney, who can give you advice on the best way to set up a mediation with a spouse who does not want a divorce.
2. Request a Default Judgment
According to TexasLawHelp.org: “A default judgment is a court order made without the respondent because the respondent was served but did not file an answer by the deadline. Or the respondent filed an answer and was given notice of a hearing but did not show up for the hearing.”
Working with a divorce attorney is most certainly in your best interest. Your attorney can help you gather all your documents, such as financial information, property, and anything else your lawyer tells you to have.
This article can further help you organize what documents you need to prepare for your divorce.
Your attorney and you may file a Petition of Dissolution of Marriage with the courts. You will use a process server to serve the papers to your spouse. In Texas, you must wait at least 60 days after the filing date before asking for a judgment. There may be several more court dates, but if your spouse still refuses to show, you can take the next step and proceed with the divorce.
3. Trial
Going to trial is the most costly and time-consuming option. This is when both parties agree to go before a judge. The courts will rule on your divorce and specify all aspects, including division of marital assets, alimony, child support, and child custody. But again, if your partner does not appear for trial, the court may issue a default judgment.
While it is possible to proceed with a divorce when your spouse doesn’t want to, it, unfortunately, will cost you time and money. However, if your ex-partner is still refusing to work with you, this is a strong example of why your marriage did not work.
Hire a Texas Divorce Attorney
Your spouse is already fighting you; do not enter this battle alone. Working with a Texas divorce attorney will help you navigate this challenging process. Our family law attorneys can guide you on the paperwork needed, what steps to take, and how to finalize your divorce. We are here to help and support you throughout this difficult process.
FAQs About Getting a Divorce in Texas When Your Spouse Refuses
Can you get a divorce in Texas if your spouse refuses to sign the papers?
Yes. In Texas, one spouse cannot legally prevent the other from getting a divorce. Even if your spouse refuses to sign the divorce papers or participate in the process, the court can still move forward with the case and eventually finalize the divorce.
What happens if my spouse ignores the divorce papers in Texas?
If your spouse is properly served with divorce papers but does not respond by the deadline, you may be able to request a default judgment. This allows the court to proceed with the divorce without your spouse’s participation, provided the legal requirements are met.
How long does a contested divorce take in Texas?
Texas law requires a minimum 60-day waiting period after the divorce petition is filed before the court can finalize a divorce. However, contested divorces—where one spouse disagrees with the divorce or its terms—can take several months or longer depending on the complexity of the case.
What is a contested divorce in Texas?
A contested divorce occurs when spouses cannot agree on one or more issues, such as property division, child custody, child support, or spousal support. When disagreements remain unresolved, the case may require mediation, court hearings, or a trial for a judge to make the final decisions.
Is mediation required for divorce in Texas?
Many Texas courts require or strongly encourage mediation before a divorce goes to trial. Mediation allows both spouses to work with a neutral third party to negotiate agreements about property, parenting plans, and financial matters.
What if my spouse refuses to participate in mediation or court hearings?
If your spouse fails to participate after being properly notified, the court may still proceed with the case. In some situations, a judge may grant a default judgment and finalize the divorce without your spouse’s involvement.
