File for Divorce in Texas
If you’ve been served with papers, you may be wondering if you have to agree to divorce your spouse. The answer to this is a little complicated. While there is no law saying you must agree, there’s also no law saying they’re forced to stay married. Anyone can get a divorce, even if the paperwork isn’t signed. More importantly, refusing to divorce your spouse could result in unexpected negative consequences for you.
Once your spouse files and you’re served, you have a few different options. You could:
1. Agree with the divorce:
This is usually the best option for both parties, as it means you can avoid a nasty court battle, negotiate financial matters and be done as quickly as possible. This type of divorce is also sometimes called a no-fault or collaborative divorce and quotes irreconcilable differences as the reason.
2. Refuse to sign the papers and do nothing:
This is a very bad idea. The bottom line is that if your spouse wants a divorce, you’ll both be getting one. Unlike marriage, it doesn’t take two people to enter into the arrangement. Unless there are special circumstances, a divorce, in this case, will become a contested matter before the court. You’ll still have hearings and not responding could mean your spouse will win by default.
Grounds for Divorce in Texas
Divorce is becoming more and more common today than in the past, so naturally, the divorce process has become easier. Couples can ask for a divorce without needing to give the court a reason in many states such as Michigan, but in Texas, you might have the choice to point at your spouse’s misconduct as a reason for your divorce.
Here are the grounds for divorce under Texas family law codes 6.001 – 6.007:
- Conviction of a felony
- Confinement in a mental hospital
Consult with an attorney
It goes without saying, you should never get involved in legal action without first speaking to a professional to ensure your rights are protected. Whether you want to agree or contest the action, the outcome of the proceedings may follow you for the rest of your life. Our Texas lawyers at Eggleston Law Firm, look at the potential financial and personal consequences of your decision. Issues such as income tax, property disbursements, and child custody are examples of areas your case needs insight and clarity. Then, they can work with you to create an excellent plan of action, striving for an outcome in your favor.
There are a few ways that a divorce can be denied. This involves something known as an at-fault divorce, which is not permitted in every court. An at-fault divorce works on the assumption that one spouse has done something that provides legal grounds for terminating the marriage. For example, it’s alleged one spouse commits adultery. The accused party can then prevent the divorce by proving they’re not at fault. The range of defenses is very narrow.
Collaborative divorces are much easier for all parties. Sometimes a mediator is used to settle disputes and get you to come to an agreement. The mediation process takes considerably less time than going to trial, although that could still be an option if mediation fails. Even using a collaborative approach, its advisable to have an attorney advising you of your best interests. Eggleston Law Firm helps people like you navigate the road to divorce and protect your future. Contact us today to find out how we can help you with your divorce in Texas.