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What Happens if My Spouse Won't Sign Divorce Papers in Texas

What Happens if My Spouse Won’t Sign Divorce Papers in Texas?

  • Divorce

Are you ready to begin the divorce process but have uncertainties about how your spouse will react? Have you wondered what happens if your spouse won’t sign divorce papers in Texas? Our team is here to help you navigate this difficult period and help you reach a divorce agreement that protects you.

Read below to learn more about what happens if your spouse won’t sign divorce papers in Texas:

Do Both Spouses Have to Agree to Divorce?

When you want to end your marriage but your spouse doesn’t, you should still be able to get a divorce. But if you’re worried about your spouse refusing to sign the divorce papers, it may help to understand some basics about the legal process. You can start the process on your own by filing a divorce petition (sometimes called a complaint). Your spouse doesn’t need to sign this form. And unless you want to get an uncontested divorce, your spouse doesn’t need to sign any of the divorce papers.

Just because you may get a divorce without your spouse’s cooperation, that doesn’t mean it will necessarily be a simple process. States have procedures for dealing with spouses who hide out to avoid being served with the divorce petition, or simply won’t respond to the petition. But those procedures usually involve extra work and some risks (more on that below).

Also, the divorce process could be more complicated or simply time consuming in some states if your spouse refuses to agree to one of the “no-fault” reasons (or grounds) for divorce allowed where you live. In Ohio, for instance, when your spouse denies that the two of you are incompatible, you will either have to prove one of the “fault” divorce grounds or be separated for a full year before you can get divorced.

Can You Get a Divorce Without Your Spouse Knowing?

Judges try to prevent one-sided divorce proceedings. This means you can’t go behind your spouse’s back to get a secret divorce. You must give your spouse notice of any divorce paperwork that you’ve filed with the court (as discussed below), so that your spouse at least has a chance to respond.

Can You Get Divorced If You Can’t Find Your Spouse?

When you file the initial divorce petition, you generally must arrange to have the petition and other paperwork delivered to your spouse through what’s known as “service of process.” But if you can’t locate your spouse, you may ask the court for permission to use another method for giving notice that you’ve filed for divorce. You’ll generally need to show that you made several serious attempts to find your spouse and serve the papers.

A judge will decide whether to grant your request and which form of alternative service to allow—usually service by publication (publishing a notice in a newspaper). Learn more about how to get a divorce without your spouse, including alternative service methods.

What Happens If Your Spouse Doesn’t Respond to the Divorce Petition?

Once you serve the divorce petition on your spouse (either through regular service or an alternative method), your spouse has a certain amount of time to respond (usually about 20-30 days). If your spouse doesn’t file an answer in time, you may then request a default divorce. State and local rules on default divorces vary, but the process typically goes like this:

  • After the time for responding has passed without an answer, you’ll file a request to enter a default along with a proposed divorce judgment.
  • The court will set a hearing date and send notice to your spouse (unless there’s no known address where your spouse can be reached).
  • At the hearing, the judge will review the paperwork you’ve filed, might ask you some questions, and will ultimately issue a ruling on your divorce.

The default hearing might be more involved in some states. In Texas, for instance, you must provide evidence at the default hearing to show that what you’ve requested in your divorce petition and proposed judgment—such as the details of the property division—would be fair.

You should be aware of the pros and cons of default divorce. For example, most states give the defaulting spouse a certain amount of time to ask the judge to set aside the default judgment. So you could be in for a big headache if your spouse has a change of heart. If you’re considering this option, it would be wise to speak with an experienced divorce attorney first.

Should I Hire A Divorce Lawyer?

Family law attorneys are legal professionals that have specialized education and experience dealing with a wide range of legal issues that can impact members of a family. Some of the most common issues that are handled by one of these legal professionals include divorce cases, child custody agreements, property division, and more. In addition to representing their clients in court, family lawyers are also qualified to act as mediators to help families sort through disagreements and reach amicable solutions or a deal with an uncooperative spouse.

If you are facing a difficult legal matter, our team can help you. Call our law office today to learn more about the services we offer and to schedule a consultation.

Affordable Family Lawyer in Houston, TX

Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen.

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Parents are also obligated to provide health and dental insurance for their children in Texas.The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law.They both achieve the same goal during a divorce, however.They both allow one spouse to receive financial support from the other.Renken Law Firm understands the distinction between alimony and spousal maintenance.Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes.Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s fees.What is Divorce Mediation?Divorce mediation is a private process in which a neutral third person (a mediator) helps divorcing couples reach a mutually satisfactory settlement of the issues in their case, including child support, custody and visitation, alimony, and property division.A mediator does not act as a judge, arbitrator, or counselor, but assists the spouses in reaching a voluntary agreement.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes. Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s feesDivorce mediation is an affordable and private divorce option, mediation also has a proven history for helping families resolve disputes without the need for a trial. Taking your case to trial typically will increase the amount of time, money, and stress involved in your divorce.While no divorce method is completely stress free, divorce mediation allows both parties to have their needs represented. The divorcing couple will be given the chance to work together to reach an amicable resolution in their case, instead of allowing a judge to have the final say.Dawn Renken, became a licensed mediator through ADR Services International Inc. in 2014. Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.In addition to traditional divorce methods, we excel in providing the best divorce mediation services in Houston, TX. Divorce mediation offers a more cost-effective and private approach, allowing the divorcing parties to determine the final terms of their divorce. To explore this option further, we encourage you to contact our office and learn more about our mediation services.Renken Law Firm understands that many individuals hesitate to initiate the divorce process due to uncertainty and concerns about excessive legal fees. We assure you that our Houston, TX team is dedicated to your success and has a proven track record of achieving client satisfaction.We recognize the emotional toll that divorce takes on families, and we strive to make the process as smooth as possible. Whether your case involves mediated or contested divorce, our attorneys will provide unwavering support every step of the way until your divorce is finalized. Take the first steps toward filing for divorce in the state of Texas by scheduling a consultation with our legal team at Renken Law Firm today.Is Texas an At-Fault State?In the state of Texas, divorce proceedings do not require spouses to provide a specific reason or cause for seeking the divorce, making it a “no-fault” state. However, it is important to note that if one spouse is at fault for the breakdown of the marriage, it may be considered by the court when dividing property. This means that the at-fault party may be responsible for providing more to the other spouse. Although fault grounds are not mandatory, it is advisable for spouses to include them in their divorce petition.At Renken Law Firm, our mission is to advocate for families and help them make the best decisions for their unique circumstances. Our top priority is protecting the best interests of any children involved in the divorce. Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. Step 4: Litigate When negotiation fails, Renken Law Firm is prepared to fight for you at trial with experienced litigators. Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience. Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen. © 2023 The Renken Law Firm. All rights reserved. Our comprehensive family law services include the resolution of divorces through litigation, divorce mediation or collaborative law, depending on the specific details of your case. We can take on all matters related to Divorce Practice or dissolution of a common law marriage, including: We are committed to aggressively and efficiently advocating for your rights . We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome. Enforcing Texas Orders Renken Law Firm, PLLC represent clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. 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Enforcement / Contempt of Court Actions When a parent refuses to honor visitation orders, fails to pay child support or fails to comply with other court orders, the parent is in contempt of court. In most circumstances, it is important that a child is supported by and has meaningful relationships with both parents. That is why it is so important to follow custody, visitation and support arrangements. Failure to do so can jeopardize the child’s well being. If a parent willfully and recklessly avoided complying with orders when it was feasible to do so, the parent may be charged criminally with contempt and could face potential jail time, fines and other consequences. Our attorneys help clients pursue court orders of enforcement. We also defend against actions where enforcement or contempt cases are brought against you unjustly or for spite. 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