Divorcing an Unwilling Spouse – Can It Be Done in Texas? - Reynaldo Garza, III

Getting divorced is never pleasant, even under the most amicable of circumstances.

When one spouse wishes to divorce while the other does not, lawyers frequently see these situations becoming even more unpleasant.

As difficult as it may seem, it is important to know that with the help of an experienced divorce law firm, it is possible for one spouse to successfully divorce an unwilling spouse in Texas so they can move on to a new life.

A knowledgeable divorce attorney can guide a spouse through the process when they wish to divorce but their spouse does not.

Prepare To Move Forward Legally With Help

The Texas family court recognizes that no person is required to stay married if they do not want to, even if their spouse disagrees with getting divorced.

Still, this type of divorce can be more difficult, so a divorce law firm experienced in this type of contested divorce must be involved.

Together, a spouse and their lawyer can go through the legal process of filing the paperwork, waiting for a response, and then moving forward legally by preparing a valid case for divorce, regardless of the response of the disagreeing spouse.

Develop A Strategy With A Divorce Lawyer

Spouses seeking to divorce an unwilling spouse must start the process with their attorney by knowing how it can proceed and then developing a strategy.

There are two ways the divorce can happen, either through mediation and agreement or by going to trial to force the issue and seek a court order.

In the latter case, spouses must gather the necessary evidence to support their request to divorce even if their spouse disagrees, then work with their legal representative to come up with suitable solutions for the court to consider.

Resolving asset division, child custody, and child support concerns could become contentious, so there must be strategies in place to get favorable results when arguing these points.

Involve Mediation If Possible

Even when one spouse is unwilling to divorce, it is highly recommended to involve mediation if at all possible to bring that other spouse to the table for these discussions.

Not only do law firms find this to be a good way to illustrate the marital problems to that unwilling spouse in a more recognizable way, but they will also be able to negotiate more freely than if a judge decides on their fate for them.

Even for an unwilling spouse, mediation is still preferable and a means of allowing the divorcing spouses to remain in control of the end of their marriage and how it will occur.

Understand the Challenges Ahead of Time

In addition to the potential for highly emotional divorce proceedings, lawyers stress that people divorcing unwilling spouses must be aware of other expected challenges.

Overall, the more unwilling a spouse is to work toward an amicable divorce, the longer the process will take and the more expensive it will be.

Difficult divorces that end up in trial because they couldn’t be mediated could require the involvement of expert witnesses as spouses try to state their cases to the courts.

In addition, if there is a possibility of violence or other backlash once papers have been filed, attorneys may recommend that their clients seek the protection of Temporary Orders from the court.

Hire An Experienced Divorce Attorney To Help

Getting divorced is never easy, even when spouses can cooperate and do it amicably.

When a spouse contacts a law firm to help them divorce an unwilling spouse, things can get even more challenging.

Fortunately, Texas divorce lawyers can help spouses seeking divorce regardless of whether their spouse agrees or not.

Through mediation or evidence building in preparation for trial, experienced divorce attorneys can help any spouse who no longer wishes to be married terminate their legal bond and move forward as single once more.