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How to deal when your spouse doesn’t want a divorce in Texas

On Behalf of | Dec 21, 2022 | Divorce

When you are feeling stuck in your marriage, and it’s hard for you to see your future with your partner, getting a divorce in Texas is the most sensible way to end things amicably. The only problem that arises is when your spouse does not want to divorce. This will often exacerbate the already difficult process, but it doesn’t mean it won’t happen.

Talk to your spouse about your decision

Sometimes it helps to inform your partner of your decision; maybe they’ll accept it and help make the process much easier. While conversing, it’s important to consider their feelings and practice compassion. However, you need to be firm and remind them that you’ve made your decision and there’s no turning back.

Understand the legal implications of divorce in Texas

It’s important to pay attention to the divorce laws in your state, as they can affect how quickly and easily the family court may grant it. In Texas, for example, both spouses must agree on the terms of their divorce before the court can permit it. But, the state also allows for an uncontested divorce, that is, if your spouse doesn’t want to participate.

Gather all documents that you need

Since you’ll be carrying the brunt of the divorce proceedings, it’s crucial to ensure you have all your documents in order. This includes financial records, such as bank account statements or credit card bills. You’ll also need to collect any information about other assets and properties you both own. If you are unsure about what your partner has, you can explore options like hiring a forensic accountant to investigate.

Make sure to get a court date

Finally, after filing all the documents, it’s time to request a court date so that you can finalize the divorce. Even if your partner doesn’t show up at the hearing, they will still receive notice that you’ve finalized the divorce and your marriage is officially dissolved. This way, everyone involved can move forward with their lives and start fresh.

Divorce can still occur in Texas even if your spouse doesn’t respond to your divorce petition. If you can’t locate them, you’ll generally need to show the court that you’ve made serious attempts to get in touch with your ex to serve them papers. If the judge accepts your petition, you’ll file a request to enter a default with a proposed divorce settlement.