It is a common misconception that divorce requires “two to tango.” You may have heard stories of a spouse refusing to sign the papers as a way to block the process. In Texas, the reality is quite different: You do not need your spouse’s consent to get a divorce.
Texas is a “no-fault” divorce state. This means you do not have to prove that your spouse did something wrong, and you certainly do not need them to agree that the marriage is over. If you want out, the law provides a clear path forward.
The power of insupportability
Under the Texas Family Code, you can file for divorce based on insupportability. This essentially means the marriage has become unendurable due to a conflict of personalities that destroys the legitimate ends of the relationship.
If you testify that there is no reasonable expectation of reconciliation, the court will grant the divorce, even if your spouse insists the marriage can be saved. Their desire to stay married cannot overrule your legal right to leave.
What if they refuse to sign or participate?
If your spouse refuses to sign the waiver of service or the final decree, the process becomes a contested divorce. While this may take longer, it does not stop it. An attorney can have your spouse formally served by a constable or private process server. Once they are served, they have a legal deadline to file a response with the court, which lasts usually about 20 days.
If they are served and choose to ignore the lawsuit entirely, we can move for a default judgment. This allows the judge to grant the divorce and make decisions on property and custody without the other spouse’s input.
Dealing with “stalling” tactics
A spouse who does not want a divorce may try to delay the process by skipping mediations or refusing to hand over financial documents. Your legal team can use the power of the court to keep the case moving, requesting temporary orders to settle issues like child support and house occupancy while the divorce is pending, ensuring you aren’t left in limbo while your spouse stalls.
Deciding to end a marriage is incredibly difficult, and having a spouse who resists can make it feel impossible. But remember: your signature is the only one required to start the process, and the judge’s signature is the only one required to end it. Consult with a legal professional so you can move toward your new chapter.