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If one spouse wants a divorce and the other does not will the court grant the divorce anyway

La Porte, TX |

My husband wants to end the marriage but I am not ready to call it over until we have made some type of attempt to save the relationship. I believe things can be worked out. He has said maybe things can be fixed but he is not sure he wants to.

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Attorney answers 3


Your husband will be able to get a divorce if he wants it, even if you do not. Most courts will encourage attempts to work out problems but it takes only one party to pursue a divorce. If he continues to want a divorce, and if he files, get a lawyer so that your interests in the community property are protected. Do not let your state of mind interfere with what you must do or you will regret it in the future.


In the State of Texas, a person is not required to stay married if they don't want to be married.

Therefore, you can want to remain married but the courts won't require your husband to be married.

The courts have discovered that if one party does not want to be married that marriage counseling does not work. Therefore, most judges won't order it unless both parties agree that they want to put the divorce on hold for a limited period of time.

If you don't have an attorney, I highly recommend that you talk to one or hire one to assist you in trying to postpone your divorce. There are ways to delay a divorce. It is not easy to do.

If you "hide your head in the sand" then your husband will get a divorce and you may not be notified. You could end up hurting yourself in the long run. You could end up with nothing and he could end up with everything. You need to protect yourself!

Please consult with an attorney immediately!


You are to be commended for wanting to try to save the relationship. You and your husband have likely put a lot into the relationship, and if it has become derailed by time and various stresses, it is worth attempting to mend the rift. It is not uncommon for a tired married man or woman to wonder whether it is worth trying, but it usually is worth the effort.

Texas, however, is a "no-fault" divorce state, which means that neither party has to have fault grounds in order to file for and obtain a divorce. This means that if your husband wants a divorce and you do not, he will be able to get one anyway.

If you and your husband are still communicating reasonably well, you might want to try collaborative divorce to make things go smoother. Your willingness to save the relationship is a good indication that the two of you might at least be able to have a "good" divorce, rather than an all out war. I wish you the best.

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