Family issues can sometimes escalate and result in feelings where one party might want to part ways. These situations can worsen if the other party refuses and doesn’t want a divorce. Individuals can experience severe anxiety and depression as they might assume that they are trapped in a relationship where is no way out.
This question is exactly the example that supports the suggestion of having an experienced family law attorney at your side. They can guide and educate you regarding the laws. In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, tells us that even if you face a complex situation where the other party is being uncooperative, the family law of the state of Texas does give you the right to divorce.
If you are currently feeling overwhelmed due to your family matters, or are facing divorce or child custody issues, then it’s better to seek assistance. Contact the Turner Monahan firm to speak to an attorney. All case evaluations and suggestions that our attorneys make are in the light of Texas Family Law.
Can One Party Divorce The Other With Consent?
In the state of Texas, there’s no such thing as consenting to a divorce. If one party wants to divorce the other party, they’re going to get a divorce. There’s no way for one party to say, “I’m not divorcing the other one”. Eventually, the court will either have a final trial or render an order divorcing the parties if one party wants to be divorced.
The question arises, how long will that take? Some divorces take up to four months if parties agree, maybe even quicker than that. On the other hand, some can end in four years. It depends upon how much the two parties want to fight. The less they fight, generally, the quicker it gets resolved. The fighting obviously is determined by the type of assets you’re looking at dividing.
The duration is also determined by the emotional state of the parties and also about what’s going to happen with the children. At Turner Monahan, we believe that the most important thing is our children. So, whenever there are children involved, and both parties have assets too, then sometimes it takes longer to get things done.
Contested Vs. Uncontested Divorce
Here is an explanation of the legal terms that you might hear during your case where you or the other party might refuse a divorce. An uncontested divorce is where both parties agree to the divorce terms. It is the perfect scenario, and this is where the divorce will take minimal time.
However, it’s not a surprise that there are cases where the other party or both parties might not agree to the terms. There are tons of components of marriage that get affected by a divorce. These include the assets, finances in general, and most importantly, the children.
So, where the respondents do not agree with the divorce terms, then it’s a contested divorce. It’s always better to have the best family law divorce lawyer to assist with the case. When there are a lot of moving pieces in the divorce, the matter is naturally going to get further complicated. So, external, experienced help is going to keep you aware of all the details.
Default Judgement
Moving forward, the phrase “divorce by default” is commonly used. Suppose that you have filed a petition for divorce and your spouse fails to answer it. Then, you can request the judge to grant you a divorce by default. It’s also known as “default judgment”. This is where the judge will grant you the requests that you have outlined in your divorce petition.
Since the spouse has failed to answer it, the court considers the “silence” to be an agreement to the terms, and thus the court has got no reason to deny those. However, ensure that you have provided proper notice of the petition to the spouse, as it will have to be proved in court.
The “Living Apart” Law Of The Texas Family Code
One scenario where the court will grant the couple a divorce apart from the cases of “cruelty” or “adultery” as stated in chapter 6 of the Texas Family Code, there is the easiest ground stated. In chapter 6, subchapter A, sec. 6.006, it is stated that:
“The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.”
So, if a couple has lived apart for at least three years, and one party wants a divorce while the other is refusing. In that case, the case can be taken to court and can be further built on this section from the family code.
In all scenarios and situations, make sure that you consult an attorney. Though it’s crucial that you take an active part in your case, you must seek professional assistance as everything you find on the internet or hear from your family and friends need to be re-confirmed by someone expert in the area.
Hire A Fort Worth Attorney
It’s natural to have heavy emotions and tons of questions when going through a divorce. Many individuals spiral down and enter a phase where everything becomes blurry. This can be extremely threatening when fighting a divorce case or in a child custody battle.
In addition, if you are someone who wants to file for divorce and your spouse isn’t ready for it, then in that case, too, you can schedule a free consultation with Tyler Monahan to go over the details.
Check our website for more information about our services. With family law experience of more than four decades, we at Turner-Monahan believe that the clients must know the correct details about the legal procedures. Go through our blog to find out more regarding your case.
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.
