What To Do If Your Spouse Springs a Divorce on You
Every marriage is unique. Equally, every divorce is unique as well. You may recognize that your marriage has some room for improvement or you may not. But either way, you’re now faced with the reality that your spouse wants a divorce. Rightfully so, you’re feeling slightly panicked, wondering what exactly you can do to save the marriage and/or how to prepare for an unwanted divorce. You might be wondering if you can stop a divorce. In Texas, the short answer is no.
The state of Texas allows for no-fault divorces. That means that even if one spouse refuses to cooperate, the separation can still move forward. So what do you do now?
If only one spouse wants a divorce in Texas
You want to try to work things out. Your partner does not. What does this mean for you? Well, Texas grants both fault and no-fault divorces. If your partner has served you with a fault-based divorce petition – think: adultery or felony charge – you can challenge the divorce filing. The divorce can, in fact, be denied should there be insufficient evidence to prove the grounds for divorce provided.
However, Texas allows for no-fault divorces. Your spouse can still get a divorce without proving you did anything wrong according to Texas law (Texas Family Code Sec. 6.001) on the grounds that the marriage has become insupportable because of discord or conflict of personalities.
Even if you refuse to cooperate, dodge phone calls, refuse to negotiate or avoid service of the papers, your divorce can still be finalized based solely on the testimony of your spouse.
What to do if a divorce is imminent
The first thing you’ll want to do is seek legal counsel immediately. It is imperative that you are prepared to protect your legal rights and your financial interests. Given that the divorce is contested, there are quite a few family law issues that you’ll need assistance addressing and navigating. Those issues include but are not limited to:
Child support
Debt division
Spousal support
Property division
Child custody and child visitation
While you cannot stop a divorce process in Texas, you can protect your rights. You need an attorney with experience who can anticipate what’s coming and protect you. Let us be your advocate to help secure your future. Contact Proffitt & Associates today.