Does My Spouse Need to Agree to a Divorce?

In the State of Texas you do not need your spouse's permission to file for Divorce or move forward with a Divorce.

It is not uncommon for an individual in an unhappy marriage to be told that their spouse "does not believe in Divorce" and therefore will not agree to anything. A person can choose to not believe in Divorce but they may not prohibit their spouse from seeking and obtaining a Divorce. When the parties are not in agreement with issues ranging from custody or a division of their property a hearing can be set, without the consent of the other party, and the contested issues can be resolved by the Court.

The practical effect of your spouse refusing to agree to any terms of a Divorce is that a hearing will be necessary for the Court to hear the evidence and make a determination on the contested issues. Your spouse does not have the ability to completely prevent a Divorce from being granted.

If you have specific questions about the process for Divorce, contact one of our attorneys:

www.divorcelawyersaustintx.com

To hear more information about the Four Steps in Every Divorce:

http://www.divorcelawyersaustintx.com/ (click the link to our Video Vault)