Divorce is always challenging, but it can be even more overwhelming when one spouse refuses to participate or contests the divorce. If you are considering a divorce in Texas but your spouse is unwilling to cooperate, you can still end your marriage even if your spouse disagrees with it. The experienced Fort Worth family law attorneys at Melone Hatley, P.C. are here to help.
Texas Has a No-Fault Divorce Option
Like all states, Texas has a no-fault divorce option for spouses who are considering ending their marriage. No-fault divorces were designed for simplicity, to reduce unnecessary conflict, and to prevent one spouse from blocking the legal process.
Texas law allows individuals to file for divorce based on “insupportability,” meaning the marriage has broken down beyond reconciliation due to conflict or discord. Unlike a fault-based divorce, one spouse isn’t required to prove marital misconduct like adultery, abandonment, or cruelty – although these things can still be relevant to a no-fault divorce case. More importantly, one spouse doesn’t need the other’s permission or participation to obtain a divorce.
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Filing for Divorce Without Your Spouse’s Consent
Filing for divorce in Texas begins when a petition for divorce is submitted to the appropriate district court. Once filed, the petition must be formally served on the other spouse, giving them legal notice of the intent and a chance to respond. The other spouse then has a 20-day deadline plus the following Monday to respond.
If you have filed for divorce and your spouse hasn’t responded, you may request a default judgment from the court. While rare, a default divorce allows the court to grant the divorce without your spouse’s input based on the information and terms you’ve requested. These terms can include child custody, child support, property division, and spousal maintenance. However, the court will still review your requests to ensure they are fair and legally appropriate.
The Importance of Service of Process
Simply telling your spouse you filed for divorce is not enough. They must be properly served divorce papers according to the Texas Rules of Civil Procedure.
This involves delivering the petition by sheriff, constable, or private process server. If your spouse is intentionally avoiding service, you may be able to obtain permission from the court to serve them through alternative methods. You can’t move forward with a default divorce until this legal requirement is met.
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What If My Spouse Contests the Divorce?
Default divorce judgments are rare. In most cases, the respondent spouse will contest the divorce, meaning they disagree with the petition about what they want to happen. This can be a disagreement over the terms you’ve requested – such as property division or custody — or the divorce in general. This doesn’t mean the divorce can’t go forward, but it does mean that both spouses must reach a settlement or proceed to court to resolve their disagreements.
A contested divorce can take longer and will usually involve the court and more legal fees, but ultimately, it will still result in a divorce, even if your spouse doesn’t want one.
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Being Mindful of the 60-Day Waiting Period
Texas law requires a minimum 60-day waiting period between filing a divorce petition and finalizing the divorce. This applies to all divorces, whether it is a no-fault, uncontested divorce or not. The purpose of this waiting period is to give spouses time to reconsider and ensure the decision to divorce is final.
This waiting period begins the day after the divorce petition is filed. Even if you and your spouse agree to all the terms, you must still wait the full 60 days before the divorce becomes final.
Exceptions to the Waiting Period
In cases involving domestic violence, Texas courts may waive the 60-day waiting period for the safety of the petitioner. If you have an active protective order or your spouse has been arrested for family violence, you may be able to finalize your divorce sooner.
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Finalizing the Divorce
Once all procedural requirements are completed, including the waiting period and proper service, the court can issue the Final Decree of Divorce. This formally ends your marriage and outlines orders regarding your property division, child support and custody, and spousal maintenance, if applicable. If your spouse never responds or attends hearings, you can still move forward as long as the court determines your proposed terms are reasonable and supported by evidence.
You Have the Right to Move Forward
No one should be forced to stay in a marriage they no longer want to be part of. Consequently, Texas law protects your right to divorce even if your spouse refuses to cooperate or contests it. While a contested divorce may take more time and resources and require court intervention, the outcome remains the same: the legal end of your marriage and the beginning of your new chapter.
At Melone Hatley, P.C., we understand how emotionally draining it can be to divorce an uncooperative spouse. Our experienced Fort Worth family law attorneys are ready to help you navigate the process, whether it is a relatively amicable divorce or a legally complex case. Contact us online today or call (817) 736-0277 to schedule a consultation with a Client Services Coordinator.
Schedule a call with one of our client services coordinators today.