Filing for divorce can be a challenging and emotionally draining process, especially when your spouse refuses to cooperate. In Texas, you have the right to file for divorce even if your spouse does not agree. This article will guide you through the process, the relevant statutes in the Texas Family Code, and how Turner-Monahan PLLC can assist you.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding the Texas Family Code
The Texas Family Code governs all family law matters in the state, including divorce. The Code provides the framework for how divorces are handled, ensuring that the rights of all parties are protected. Key sections relevant to divorce include:
Section 6.001: This section outlines the grounds for divorce. In Texas, you can file for a no-fault divorce, citing “insupportability” due to discord or conflict of personalities that destroys the marriage relationship.
Section 6.002–6.007: These sections detail other grounds for divorce, such as cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.
Section 6.301–6.308: These sections cover residency requirements for filing a divorce in Texas. Either you or your spouse must have lived in Texas for at least six months and in the county where you filed for divorce for at least 90 days.
Filing for Divorce Without Spousal Consent
Even if your spouse refuses to agree to a divorce, you can still proceed. Here’s how:
- File a Petition for Divorce: Begin by filing a petition with the court. This document will outline your reasons for seeking a divorce and what you are asking for, such as property division, child custody, and support.
- Service of Process: Your spouse must be officially notified of the divorce proceedings. This is done through a process server, sheriff, or any disinterested adult who delivers the divorce papers to your spouse.
- Default Judgment: If your spouse does not respond within the required time frame (usually 20 days), you can request a default judgment. The court will then grant the divorce based on the information you provided in your petition.
Grounds for Divorce Under Texas Family Code
As mentioned earlier, Texas recognizes both no-fault and fault-based grounds for divorce:
No-Fault Divorce (Section 6.001): The most common ground is “insupportability,” meaning the marriage is no longer viable due to conflict or discord.
Fault-Based Grounds: These include cruelty (Section 6.002), adultery (Section 6.003), conviction of a felony (Section 6.004), abandonment for at least one year (Section 6.005), living apart for at least three years (Section 6.006), and confinement in a mental hospital (Section 6.007).
How the Texas Family Code Impacts Divorce
The Texas Family Code aims to ensure fairness in divorce proceedings, especially when it comes to child custody, property division, and spousal support.
Child Custody and Support (Chapter 153): The court prioritizes the best interests of the child when determining custody arrangements. Factors considered include the child’s physical and emotional needs, the ability of each parent to provide for the child, and any history of abuse or neglect.
Property Division (Chapter 7): Texas is a community property state, meaning all assets and debts acquired during the marriage are divided equally. However, the court may order an unequal division if it is deemed just and right, considering factors like the earning capacity of each spouse and any fault in the breakdown of the marriage.
Spousal Support (Chapter 8): Also known as spousal maintenance, this can be awarded if one spouse lacks sufficient property to provide for their minimum reasonable needs, and other criteria such as the length of the marriage, disability, or inability to earn sufficient income are met.
Frequently Asked Questions
Can I still file for divorce if my spouse refuses to sign the papers?
Yes, you can still file for divorce. Your spouse’s refusal to sign the papers will not prevent the court from granting the divorce.
What if my spouse contests the divorce?
If your spouse contests the divorce, the case will proceed to trial. The court will hear both sides and make a decision based on the evidence presented.
How long does the divorce process take in Texas?
The minimum waiting period for a divorce in Texas is 60 days from the date the petition is filed. However, the actual duration can be longer, depending on the complexity of the case and whether it is contested.
Why Choose Turner-Monahan PLLC?
At Turner-Monahan PLLC, we understand that divorce is a deeply personal and challenging experience. Our experienced team of attorneys is committed to providing compassionate and effective representation. We specialize in all aspects of family law, including:
- Spousal Maintenance Attorney: We help you understand your rights and options for spousal support.
- Prenuptial and Postnuptial Agreement Services: Protect your assets and ensure peace of mind with customized agreements.
- Divorce Asset Split and Marriage Asset Division: Our skilled attorneys ensure a fair and equitable division of assets.
- Affordable Divorce Attorney: We offer cost-effective legal solutions without compromising on quality.
- Top-rated Divorce Attorney in Fort Worth and Tarrant County: Our reputation speaks for itself, with numerous satisfied clients and successful outcomes.
We pride ourselves on being the best divorce attorney near you, providing free consultations to help you understand your rights and options.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
Filing for divorce, especially when your spouse refuses to cooperate, can be overwhelming. However, understanding your rights and the legal framework provided by the Texas Family Code can make the process smoother.
Turner-Monahan PLLC is dedicated to guiding you through every step, ensuring your rights are protected, and your goals are met. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
