In Texas, if a spouse does not want to sign a divorce paper, can I still get the divorce?

Asked almost 5 years ago - Dallas, TX

Same thing, can I divorce my wife if she doesn't want to get a divorce?

Attorney answers (3)

  1. Victor Anthony Rivera

    Contributor Level 10

    Answered . The plain and simple answer is yes. However, how you proceed with the divorce will be based upon if she provided the court with an answer to the lawsuit.

    If she has failed to answer the lawsuit, you can proceed with a default divorce. You will need to schedule a prove-up with the court. If she answered the divorce but now refuses to sign the divorce papers, you will need to have a final hearing to allow the judge to finalize the divorce. She would have to be notified of the final hearing to be allowed a chance to contest the divorce and what the divorce document contains. However, even if she contests the divorce, it will still be granted. The only issue will be how conservatorship over the children, if any, will be handled, and the property division.

    For educational purposes only. No attorney-client relationship was created by this communication.

  2. Christopher Michael Schmiedeke

    Contributor Level 14

    Answered . Yes. In Texas there is a no-fault divorce, which means that you do not have to prove anything other than you do not want to be married anymore. A single party (the wife or husband) cannot block the divorce because they do not want one or agree to the divorce decree. The other responses to the post are accurate as to finalizing the case.

  3. Edgardo Rafael Baez

    Contributor Level 18

    Answered . Yes, you can get divorced even if your spouse does not want a divorce.

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