If your spouse won’t sign your divorce papers in Texas, your divorce can still be finalized. You should talk to a divorce attorney who can help you get through this difficult situation. Here are some reasons why your spouse may not want to sign and your options under Texas law.
Why Won’t My Spouse Sign the Divorce Papers?
Sometimes spouses think the divorce cannot go through if they don’t sign. In other cases, spouses are financially dependent on the marriage, simply can’t accept that you want a divorce, or you and your spouse just can’t agree to the terms of the divorce.
MY SPOUSE THINKS THEY CAN BLOCK THE DIVORCE
The first reason why your spouse may not want to sign the divorce is that they think they can block the divorce by not signing the papers. However, one spouse cannot prevent the other spouse from obtaining a divorce. A Texas court can grant a divorce petition even if the other spouse does not cooperate.
Financial dependence can be a roadblock in Texas divorce cases. Your spouse may not sign your divorce papers because they believe they are better off financially if you stay married. If you are having this problem, you should tell your spouse that dividing your marital property is a necessary part of a divorce.
Sometimes, your spouse may not want to get divorced or they cannot accept that you want a divorce. You should give your spouse some time to think about the divorce before bringing it up again.
INABILITY TO AGREE TO THE DIVORCE TERMS
Occasionally, spouses cannot agree on the terms of their divorce. If this is your situation, you should talk to a Texas divorce attorney to understand your legal options.
Legal Effect in Texas
Your divorce becomes a contested divorce if your spouse won’t sign the divorce papers. A judge usually decides a contested divorce. You will need to work with a Texas divorce attorney to gather and present evidence before the judge.
You should make sure that your divorce attorney is familiar with the Texas Family Code and the local rules that govern the court procedures in your jurisdiction.
What Can I Do Under Texas Law?
The first thing you should do is contact a Texas divorce attorney. An attorney can advise you of your options under Texas law and which one might be the best for you. Here are the options that I recommend to people in your situation.
REQUEST TO ENTER A DEFAULT JUDGMENT
First, if your spouse has ignored your petition completely, you can ask your divorce attorney to request that the court enter a default judgment against your spouse.
In Texas, divorces cannot be finalized until after 60 days from the date of filing the original petition for divorce. If your spouse won’t sign the papers or respond to your petition, the judge can decide your divorce and issue a judgment after this 60-day period has passed.
SUGGEST GOING TO MEDIATION
You can also suggest that you and your spouse resolve your divorce through mediation. Mediation is an alternative form of dispute resolution that allows you to negotiate your divorce through a neutral third party. Your divorce can proceed as an uncontested divorce if you and your spouse can agree on the issues with the mediator.
TAKE THE DIVORCE TO TRIAL
Finally, you can take your divorce to trial if your spouse won’t sign the papers and you cannot resolve your disputes through mediation. Going to trial is the most costly, expensive, and time-consuming way to decide your divorce.
You and your Texas divorce attorney will have to conduct costly and intrusive discovery before going to trial. Additionally, you and your attorney will need to extensively prepare to present evidence at trial and examine witnesses.
Going to trial can be the riskiest way to decide your divorce. The judge will decide all issues, including:
- Division of marital property,
- Child custody,
- Child support, and
If your divorce is contested and is likely to go to trial, you should contact a tough, experienced Texas divorce attorney.
Why Should I Call the Law Office of Ben Carrasco?
If your spouse won’t sign your divorce papers in Texas, you should contact me, Ben, at the Law Office of Ben Carrasco. I am an experienced Austin divorce attorney who understands the divorce process in Texas.
I will strive to provide the best possible legal representation to help you finalize your divorce. Contact me today to schedule your consultation.