Can My Spouse Prevent Me From Getting A Divorce?

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Every divorce unfolds with its own distinctive circumstances. Some couples mutually decide to part ways, ready to embrace new beginnings. In contrast, others face a tug-of-war, where one spouse wishes to divorce while the other clings to hopes of reconciliation.

Amidst this complex landscape, a pivotal question arises: Can one spouse prevent a divorce in Texas? The resolute answer is no. Texas law permits no-fault divorces, meaning a divorce can proceed even if one party resists.

Texas Law: No-Fault Divorce is a Reality

In Texas, divorces are categorized as either fault or no-fault. A spouse served with a fault-based divorce petition, citing grounds like adultery or criminal behavior, might contest the filing. If there isn’t sufficient evidence to substantiate the claims, the fault-based divorce could be denied.

However, Texas allows no-fault divorces where neither party has to prove misconduct. According to Texas Family Code Sec. 6.001, a divorce can be filed on the grounds that the marriage “has become insupportable because of discord or conflict of personalities.” In Texas, one spouse’s testimony alone suffices to prove insupportability.

An Uncooperative Spouse Holds No Power to Halt the Divorce Process

Thanks to Texas’ no-fault divorce statute, neither spouse possesses the authority to obstruct the separation. Even if a spouse opts for silence—ignoring negotiations, evading calls, or dodging legal papers—they cannot impede the inevitable. A no-fault divorce can conclude based solely on one spouse’s testimony.

Protecting Rights and Interests: A Collective Responsibility

Given the inability of one spouse to halt a divorce in Texas, it becomes imperative for all parties involved to safeguard their legal rights and financial interests. Various family law matters demand attention, depending on the specifics of the marital relationship. These include property division, debt allocation, spousal support (alimony), child custody and visitation, as well as child support.

In essence, understanding Texas law’s stance on no-fault divorce empowers individuals to navigate the process effectively. Regardless of the circumstances, being informed and prepared ensures a smoother transition into the next chapter of life.