Divorce can be a challenging and emotional process. Sometimes, one spouse may be uncooperative or unreachable, making the process seem even more daunting. If you’re in Texas and wondering whether you can get a divorce without your spouse’s signature, the answer is yes.
Texas law provides ways to proceed with a divorce even when one party is unwilling to participate. Let’s explore how this works and what steps you need to take.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Divorce in Texas
In Texas, divorce is referred to as the dissolution of marriage. The state follows a “no-fault” divorce system, meaning you don’t have to prove wrongdoing by your spouse to file for divorce. Simply citing “insupportability,” which means the marriage has become insupportable due to discord or conflict, is sufficient.
However, situations arise where one spouse refuses to sign divorce papers or cannot be located. In such cases, Texas law allows you to move forward through a process known as a default divorce.
What Is a Default Divorce?
A default divorce occurs when one spouse files for divorce, and the other spouse does not respond or participate in the proceedings. This type of divorce is permissible under Texas law and allows the court to grant a divorce even without the other spouse’s signature or presence.
Imagine a couple has filed for divorce, but one spouse ignores all the notices and refuses to engage in the process. After following the proper procedures and waiting periods, the court can grant a default divorce, allowing the other spouse to move on with their life without further delay.
Grounds for Divorce Without Spouse’s Signature
As mentioned, Texas is a no-fault state, but it also recognizes fault-based grounds for divorce. These include adultery, cruelty, abandonment, felony conviction, and confinement in a mental hospital. Regardless of the grounds, if your spouse is uncooperative or missing, you can proceed without their signature.
Relevant Sections from the Texas Family Code
Understanding the legal framework is essential when pursuing a divorce without your spouse’s signature. The Texas Family Code outlines the procedures and requirements for such situations.
Citation by Publication
According to Texas Family Code Section 6.409, if you cannot locate your spouse after making diligent efforts, you can serve them through citation by publication. This involves publishing a notice of the divorce proceedings in a local newspaper, fulfilling the requirement of notifying your spouse.
Texas Family Code § 6.409(a): “If the respondent’s residence is unknown and cannot be ascertained with reasonable diligence, the petitioner may serve the respondent by citation by publication.”
Default Judgment
If your spouse fails to respond after being served, the court can grant a default judgment as per Texas Family Code Section 6.701.
Texas Family Code § 6.701: “If the respondent does not file an answer or otherwise appear after being duly served, the court may proceed to hear the case and render judgment without further notice to the respondent.”
These statutes provide a clear legal pathway for individuals seeking a divorce without their spouse’s participation.
Steps to Obtain a Divorce Without Your Spouse’s Signature
Navigating the divorce process alone can be overwhelming. Here’s a straightforward guide to help you understand the steps involved:
1. File the Original Petition for Divorce
Begin by filing an Original Petition for Divorce with the appropriate court in your county. This document outlines your intent to dissolve the marriage and includes information about any children, property, and desired arrangements.
2. Serve Your Spouse
You must attempt to serve divorce papers to your spouse personally. This can be done through a process server, sheriff, or constable. Proper service ensures that your spouse is officially notified about the proceedings.
3. Diligent Search and Citation by Publication
If you cannot locate your spouse after reasonable efforts, you can request to serve them through citation by publication as outlined in Texas Family Code § 6.409. You’ll need to demonstrate to the court that you’ve made diligent attempts to find your spouse.
4. Wait for the Response Period
After service, your spouse has a specific period (usually 20 days plus the next Monday at 10:00 AM) to respond. If they fail to do so, you can proceed to the next step.
5. Request a Default Judgment
With no response from your spouse, you can request the court to grant a default judgment per Texas Family Code § 6.701. The court will review your case and, if all requirements are met, grant the divorce based on the information provided.
6. Finalize the Divorce
Once the default judgment is granted, the court will issue a Final Decree of Divorce, officially ending your marriage. This document will outline all agreements regarding property division, child custody, and support.
Importance of Legal Assistance
While it’s possible to pursue a divorce without an attorney, having experienced legal support can make the process smoother and ensure all legal requirements are met. A knowledgeable divorce lawyer can assist with:
- Filing Proper Documentation: Ensuring all forms and petitions are correctly completed and submitted.
- Navigating Complex Procedures: Guiding you through steps like citation by publication and default judgments.
- Protecting Your Rights: Advocating for fair divorce asset split and spousal support arrangements.
- Handling Contested Issues: Managing disputes over child custody, property, and other sensitive matters.
Whether you’re dealing with a contested divorce, need assistance with legal separation, or require guidance on family law rights, a skilled attorney can provide invaluable support.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
Navigating a divorce without your spouse’s signature can be complicated, but you don’t have to do it alone. Let the best divorce attorneys in Tarrant County assist you every step of the way. 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.
