How Do You Get a Divorce if Your Spouse Refuses in Texas? Luckily for you, even if your spouse has the best attorney in Texas, they cannot legally prevent you from dissolving your marriage. As a result, your spouse's “refusal” can only come in the form of failing to answer when you serve them with divorce papers.
First and foremost, if your spouse won't sign divorce papers or respond to your petition, your divorce attorney can ask the court to enter a default judgment against your spouse. It is important to note that, in Texas, you must go through a mandatory 60-day waiting period before any divorce can be finalized.
So if you're in a situation where as a husband, you want a divorce but your wife doesn't, the best way to move forward is to mediate your divorce. But mediation is a voluntary process so both of you need to be willing to mediate.
Your spouse cannot stop you from getting a divorce. Texas is a “no-fault” divorce state. This means that a divorce can be granted without either spouse being at fault. As long as one spouse believes that the relationship cannot be fixed, the judge will grant the divorce.
Kick-out orders in Texas are only possible if there are allegations of family violence. Typically, one spouse can't get the other spouse to leave the residence unless a protective order application requests specific relief – one spouse requesting the other spouse be removed from the home.
The most common type of real estate divided during a divorce is the marital home. If one spouse wants to stay in the home, they can agree to keep the house and the debt associated with the house. The parties may also agree that one spouse will keep the house and give the other spouse half of the equity.
In Texas, there are two types of alimony that may be available to stay-at-home parents: temporary and permanent spousal maintenance. Temporary maintenance is usually awarded when one spouse needs financial assistance while they wait for the divorce proceedings to be finalized.
Following the 60-day waiting period, the average duration for an uncontested divorce in Texas is 60–90 days, depending on the availability of the court. In general, the divorce timeline in the state takes anywhere between two months and one year to complete.
Adultery, or the act of having sexual intercourse with someone other than your spouse, is a common fault-based ground for divorce in Texas. If a spouse's infidelity causes the breakdown of a marriage, this can affect the court's determinations regarding alimony and marital property division.
Texas is not a 50/50 community property state. The Texas Family Code requires a just and right division of community property. Judges may divide 55/45 or 60/40 if they see bad behavior on one side, or if there are fault grounds (adultery, cruelty, etc.), or if there is disparity in earning capabilities.
If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won't participate. Collaborative divorce won't work. You will have to litigate your divorce.
Can you date someone while going through a divorce in Texas? Yes, there is no law in Texas preventing you from dating while your divorce is pending. However, it's generally advised against due to potential negative consequences on your case. It's best to consult with a divorce lawyer for guidance.
For a judge to deny a divorce, they must find no grounds for divorce or that the marriage is not irretrievably broken. This standard is very high, and it is difficult for a judge to find that a marriage is not irretrievably broken when one party requests a divorce.
Are there separation requirements in Texas? Texas does not recognize legal separation. However, separation for a period of at least three years is one of the grounds for divorce in Texas. Living separately and apart means living in different residences.
Evidence must show that the infidelity occurred during the marriage, which includes any time during a separation. Clear and positive proof is required to prove adultery in court, although it can be established by direct or circumstantial evidence, including emails, photos, texts, social media, and other documents.
Under Texas family law, adultery is voluntary sexual intercourse between one spouse and someone who is not a party to the marriage. In other words, emotional affairs can definitely feel like cheating, but that emotional distress won't necessarily help you in court.
So back to our original questions: Can you sue your spouse and his or her boyfriend or girlfriend for adulterous conduct? The answers: Yes, if the adulterous conduct amounts to Intentional (or Reckless) Infliction of (Severe) Emotional Distress. If your situation meets this standard, you can bring the suit.
If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have sufficient property or earning ability to provide for their own minimum reasonable needs. Tex. Fam. Code Ann.
In Texas, an uncontested divorce can cost anywhere from $300 to $5,000 (depending on whether or not legal representation is required).
While there are some limits, it is possible to get a fast divorce. Texas law usually requires that a filing spouse wait sixty days from the date they filed their original petition for divorce and the date the divorce becomes final.
Is Spousal Support Mandatory in Texas? No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.
So even in divorce cases where one of the spouses earns a sizeable income, that is the most you can expect. In addition, you must be married a minimum of 10 years in order to qualify for spousal maintenance in Texas.”
Texas is a community property state. In Texas Family Code Sec. 3.002, it states that everything you acquire during your marriage – money earned, real estate purchased, and any other property obtained– is considered to belong equally to both spouses and will be divided by the Court.