In Texas, your spouse cannot stop a divorce just because they refuse to agree. However, their refusal can turn your case into a contested divorce, which may take longer, cost more, and involve court decisions on key issues like property, finances, and children.
If you are dealing with a difficult spouse in The Woodlands or Montgomery County, understanding how the process works can help you know what to expect and what steps may come next.
Can a Spouse Stop a Divorce in Texas?
Texas law allows for no-fault divorce, meaning one spouse can file based on “insupportability.” Under Texas Family Code § 6.001, a judge can grant a divorce even if only one spouse wants it.
The statute states: “On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
In simple terms:
- You do not need your spouse’s permission to file for divorce
- You do not need them to agree for the divorce to be finalized
- The court can move forward based on one spouse’s request
The Mandatory 60-Day Waiting Period
Texas Family Code § 6.702 requires a minimum 60-day waiting period after filing before a divorce can be finalized. The statute provides: “Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed.”
Even if your spouse refuses to cooperate:
- The case cannot be finalized immediately
- The 60-day clock still applies
- Contested cases often extend far beyond 60 days due to disputes and court procedures
The only exceptions to this waiting period involve family violence situations where the respondent has been convicted of family violence or an active protective order exists.
Texas Residency Requirements for Divorce
Before filing for divorce in Texas, Texas Family Code § 6.301 establishes specific residency requirements. The statute states: “A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period.”
This means:
- At least one spouse must have lived in Texas for six months
- That spouse must have lived in the filing county for 90 days
Mediation and Alternative Dispute Resolution
Even in contested divorces, many cases are resolved before trial through mediation. Under Texas Family Code § 6.602, courts can refer cases to mediation to help both sides reach a settlement.
The statute provides: “On the written agreement of the parties or on the court’s own motion, the court may refer a suit for dissolution of a marriage to mediation.” If a mediated settlement agreement meets statutory requirements, it becomes binding on both parties.
Why mediation matters:
- It gives both parties a chance to negotiate
- It can reduce time and costs
- Agreements reached may become binding and enforceable
What If Your Spouse Ignores the Divorce?
Sometimes refusal does not mean fighting, it means doing nothing. If your spouse is properly served but does not respond, Texas procedure allows the case to move forward without their participation through a default judgment.
According to Texas Rules of Civil Procedure:
- The responding spouse must file an answer by a set deadline
- If they fail to respond, the court may proceed toward a default judgment based on the filing spouse’s evidence and requests
Get Help With Your Divorce in The Woodlands
If your spouse is refusing to cooperate or is making the process more difficult, having the right legal support can make a significant difference. Morgan Bourque Attorney at Law represents individuals facing contested divorces, custody disputes, and complex family law matters in The Woodlands and surrounding areas.
You can visit the firm’s homepage or reach out directly through our contact page. To speak with someone about your situation, call (713) 766-6001 and take the next step toward resolving your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.