Law

Spouse not agreeing for a divorce in Texas: Call an attorney!

The breakdown of a marriage can be hard to deal with. If you believe that there is no hope of reconciliation, you can consider filing for divorce. Texas allows for both no-fault and fault-based divorces. If your spouse doesn’t want the same, they may try to delay the process or refuse to sign the papers. The law is clear for such cases – No one can be forced to continue a marriage against their will. Of course, you may have a hard time understanding the laws and dealing with the key steps, which is precisely why lawyering up is a good idea. You can hire a divorce lawyer in Houston who can explain the process and legal aspects in depth. Here’s more on the subject.  

Filing an Original Petition for Divorce

Suppose you asked your spouse for a divorce, and they refused. You don’t have to wait for them to agree to the process. You can initiate and file an Original Petition for Divorce, stating that the marriage is over. There is no need for consent from your spouse for this Petition. A copy of the divorce petition must be served to your spouse, which is a legally-necessary step. You can rely on the local sheriff’s office or a process server for the same. If your spouse tries to evade personal service, the process server can deliver the Petition through registered or certified mail. 

The next steps

Let’s say your spouse got a copy of the divorce petition but refuses to participate in the process anyway. Will it stop the divorce from happening? The short answer is no. You can approach the court and ask for a default divorce. The judge will then decide how different aspects such as child custody, child support, and distribution of assets will be settled. 

Why do you need a divorce lawyer?

It would be a contested divorce if your spouse doesn’t agree to the court’s verdict on key matters. In such times, you have to be present in the court and share relevant information and evidence. Your spouse can consider getting involved in the proceedings at this point, but they refuse to do so, you can expect a favorable outcome. A divorce lawyer can help you deal with the circumstances better. They will ensure that you get the necessary advice and support to tide through the process. 

Not to forget, your divorce lawyer will also deal with the relevant and necessary paperwork. 

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