Can I Still Get Divorced if My Spouse Will Not Cooperate?

 Posted on November 23, 2022 in Divorce

Divorce is notorious for bringing out the worst in people. Years of conflict, anger, and frustration often come to the surface when spouses are trying to negotiate the terms of their divorce, and some spouses are so intent on getting back at each other that they may refuse to cooperate altogether. Other times, spouses may decide to not cooperate with the divorce process because they genuinely believe separating would be a mistake, they believe their religion prohibits it, or because they are trying to manipulate their spouse into staying with them.

Whatever the reason, if you have asked your spouse for a divorce and they have said no, you still have options. You do not have to remain trapped in a bad marriage forever. Instead, call a Texas divorce attorney who has experience helping spouses in high-conflict divorces and start the next phase of your life today.

Do Both Spouses Have to Consent to Divorce?

Texas does not require both spouses to consent to divorce in order for the divorce to be finalized. In fact, if your spouse absolutely refuses to cooperate, you may actually get the upper hand in a divorce; when one partner will not respond to a divorce petition or appear in a court summons, a judge is more likely to give you the things you are asking for in your divorce decree.

If your spouse has already shown they are not going to work with you, do not try to negotiate or reason with them. Begin working with an attorney who will help you file for divorce and ask for an appropriate child custody arrangement, alimony payments, and an asset division settlement.

What if My Spouse Fights Me in Our Divorce?

If your spouse does not respond to your divorce petition at all, you will be awarded a divorce by default. If your spouse simply shrugs and agrees to whatever terms you propose, you will likely file for an uncontested divorce.

Unfortunately, once your spouse realizes you are serious about getting divorced, he or she may begin taking action against you. This may include hiring hir or her own attorney and asking for unreasonable or unfair things in response to your divorce petition.

Be prepared to have to fight your spouse for a fair parenting plan and asset division. A judge may require you to work with a mediator to resolve your differences, but if your spouse is extremely hostile or abusive, the judge will need both sides to present their arguments and then the judge will make decisions in the case whether either spouse agrees with the final decision or not. This is where an experienced attorney can really be useful; by helping you gather the necessary information, including proof of your spouse’s bad behavior, your attorney can make a persuasive case to a judge that what you are asking for is reasonable.

Contact a Bexar County Contested Divorce Lawyer

If you want to get divorced and your spouse says they will refuse to cooperate, you will need the help of a determined, assertive San Antonio, TX contested divorce attorney. At Brandon Wong & Associates, we give our clients the best representation regardless of their situation and will work hard to make sure you obtain the most favorable outcome - even if your spouse fights us every step of the way. Call us today at 210-201-3832 to schedule a confidential consultation.

Source:

https://guides.sll.texas.gov/divorce