don't give up your rights without a fight.
choose marcus wilkerson

What happens if your spouse refuses to get a divorce?

| Jul 8, 2021 | Family Law |

Going through a divorce can be a traumatic time for everyone involved. A divorce is full of emotions along with important matters that need to be decided. Not every couple agrees that a marriage is over in some circumstances. Sometimes, one spouse holds out hope that the marriage can be saved, or they refuse to participate in the legal process. If this is the case, what are the options for a Texas resident?

According to Texas law, one spouse can seek a divorce alleging the marriage is insupportable due to conflict and discord. This is referred to as a no-fault divorce and the other spouse will not be able to disprove the allegation.

Once divorce is refused

The steps a person can take if their spouse refuses a divorce include:

  • File a petition for divorce. A petition for a divorce opens the divorce matter in family court. The petition does not need to be signed by both parties.
  • Serve papers. The divorce petition and a citation need to be served to the other spouse.
  • Default divorce. If the spouse does not respond to the divorce petition, then a person can ask the court for a default divorce. A judge would then set orders for division of property, child support, child custody, and other issues.
  • Contest divorce. If the other spouse does not agree with the terms of the divorce, then it becomes a contested divorce. At this point a person will need to present evidence to the judge regarding the contested issues.

An attorney who specializes in family law can help their client through the divorce process. They understand that this can be one of the hardest times of their lives and will make sure that their client’s needs are met both now and into the future. They understand the implication that divorce choices can have on their client’s lives and will help them make good decisions.