Divorce in Texas: What if your spouse doesn’t want a divorce?

Ending a marriage is never an easy decision. If you have decided for yourself, it’s time to talk to your spouse in depth about problems in the marriage and why divorce is an eventuality. What happens if a spouse doesn’t want the divorce in the first place? What if they refuse to go for an uncontested divorce? In Texas, a person cannot be forced to stay in a marriage. Texas allows for no-fault divorce, even when your spouse doesn’t agree to the same, and you can just cite discord and irreconcilable differences as a reason and ask for divorce. You can learn more here about contested divorces. In this post, we are sharing more on what happens when a spouse doesn’t want a divorce. 

Consult an attorney

Divorces are complicated, and in your best interests, you may want to talk to an attorney in depth. Your lawyer can guide on the divorce, and how you can possibly make things simpler. If your spouse eventually doesn’t agree to the divorce, your attorney is critical for mediation and taking things further. 

Filing for divorce

You don’t need to seek permission from your spouse to get a divorce. To initiate the proceedings, you can file an Original Petition for Divorce, with the help of your attorney. The Original Petition for Divorce will state that the marriage has broken down and doesn’t require the consent of your husband/wife. If you can still talk to your spouse, an uncontested divorce. is still a wise decision for everyone. 

Serving the papers

A copy of the divorce petition must be served to your spouse. This can be done using a process server, or you can contact the local sheriff’s office to deliver the papers. If your spouse is hell-bent on making the divorce harder, they may evade the service, but the tactic doesn’t usually work for long. The divorce papers can be served through certified mail in Texas. 

The actual divorce

If your spouse agrees to the divorce, things will be easy. They can also choose to respond to the allegations made in the petition, for which they have a limited time. If your spouse doesn’t agree to give a divorce anyway or doesn’t respond, you can ask the court to give you a default divorce. 

To find more on how you can get a default divorce, talk to a known attorney and seek their help. The right lawyer can make a big difference. 

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