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How long does a divorce take if a spouse won’t sign in Texas? Many people facing divorce ask this question once their spouse stops cooperating. Maybe your spouse refuses to accept that the marriage is over. Maybe they want to drag things out in the hope that you’ll give up or change your mind. Either way, their refusal to sign divorce papers does not stop the legal process. Texas law offers a way forward—whether or not your spouse participates.
A divorce involving an uncooperative spouse can feel overwhelming, but understanding your legal rights makes the journey more manageable. In Texas, you don’t need your spouse’s consent to get divorced. This article explains how the process works when one spouse won’t sign, how the timeline changes, and how you can take control of your case. Let’s walk through each step to help you prepare and act confidently.
Divorce in Texas: One Signature Is Enough
Contrary to popular belief, you do not need your spouse’s signature to finalize a divorce in Texas. Many people assume that both parties must agree to the divorce before the court grants it. That is not true. When one spouse wants out of the marriage, they have the legal right to file for divorce and pursue it to conclusion, with or without the other party’s cooperation.
Texas allows what’s called a “no-fault” divorce. This means you can file on the grounds of insupportability, which simply states that the marriage cannot continue due to conflict or discord. You do not have to prove wrongdoing or get your spouse’s permission. As long as you follow the proper procedures, the divorce can proceed.
Still, a spouse’s refusal to sign or respond can influence how long the divorce takes. So, how long does a divorce take if a spouse won’t sign in Texas? The answer varies depending on whether your spouse ignores the case completely or actively contests it.
Starting the Process: Filing and Serving Divorce Papers
The first step in any Texas divorce is filing an Original Petition for Divorce in the appropriate district court. This document officially opens your case and outlines your requests regarding property division, child custody, and other issues. Once you file, the court assigns a case number and sets the matter in motion.
Next, you must serve your spouse with the divorce papers. This step requires you to use a qualified process server, sheriff, or constable. Proper service is critical. Without it, your case stalls. Your spouse must receive formal notice before any further action takes place.
Once served, your spouse has a deadline to respond. In Texas, they must file a written answer within 20 days, plus the following Monday. If they meet the deadline and file a response, the divorce becomes contested. If they do nothing, you may request a default judgment.
| Type of Divorce | Key Characteristics |
| Uncontested Divorce | Both spouses agree on all terms (property, custody, support). Moves quickly. Often finalized just after the 60-day waiting period. |
| Contested Divorce | Spouses disagree on one or more terms. Involves discovery, mediation, and possibly trial. Takes several months or longer. |
| Default Divorce | One spouse does not respond after being served. Filing spouse requests default judgment. May finalize shortly after 60-day period, if no delays occur. |
Understanding Default Divorce in Texas
When a spouse refuses to respond or sign any documents, Texas law allows the other party to move forward with a default divorce. In this scenario, after your spouse misses the response deadline, you can file a motion for default. The court will schedule a hearing to review your requests, even if your spouse never appears.
During the hearing, you must present enough evidence to support your proposed terms. Judges don’t automatically grant everything you ask for. The court must still ensure that the final orders are fair and comply with Texas law. If you meet these requirements, the judge can sign your Final Decree of Divorce.
So, how long does a divorce take if a spouse won’t sign in Texas and never responds? In a default situation, the process may take as little as 60 to 90 days, assuming there are no complications or delays with service or paperwork. However, additional factors can stretch that timeline.
The 60-Day Waiting Period
Texas imposes a mandatory 60-day waiting period in all divorce cases. This rule applies from the date you file the petition, not from the date of service. Even if your spouse refuses to respond, you must wait at least 60 days before the court can finalize your divorce.
The law intends to provide a cooling-off period in case the parties change their minds. While this may seem frustrating, it’s a required part of every divorce case in Texas. Only a few exceptions apply, such as family violence cases where the court may waive the waiting period.
If your spouse doesn’t respond and everything else is in order, your divorce can often be finalized shortly after the waiting period ends. That’s why it’s so important to act promptly at the beginning of the process. Every day you wait to file or serve your spouse adds to the overall timeline.
What If Your Spouse Avoids Service?
In some cases, a spouse won’t just ignore the divorce—they’ll actively avoid service. They may refuse to answer the door, move without leaving a forwarding address, or hide from the process server. When this happens, don’t panic. Texas law allows you to pursue alternative methods of service.
If you’ve made multiple attempts to serve your spouse without success, your attorney can file a motion requesting substituted service. This may include serving them by mail, by leaving papers with someone at their residence, or by publishing notice in a newspaper. The court must approve these methods before they count as valid service.
Using alternate service adds time to the process. You’ll need to show proof of your efforts and wait for the court’s approval. However, once service is complete—even by alternative means—you can proceed toward default judgment if your spouse still doesn’t respond.
So how long does a divorce take if a spouse won’t sign in Texas and tries to avoid service? This tactic may add several weeks or even months to the timeline, depending on how long it takes to complete service and request default.
What Changes When the Divorce Is Contested?
If your spouse responds to the divorce but refuses to sign a final agreement, the case becomes contested. This means the two of you disagree on one or more key issues, such as property division, spousal support, child custody, or child support.
Contested divorces take longer because they require more steps. After the initial filings, both parties enter the discovery phase. Each side collects information about income, assets, debts, and parenting history. Discovery often involves requests for documents, written questions, or depositions.
Once discovery ends, the court may order both parties to attend mediation. This is an opportunity to negotiate a settlement with the help of a neutral third party. Many cases settle at mediation. However, if your spouse remains uncooperative, your case may go to trial.
Preparing for trial can take months. Court calendars are busy, and judges often schedule contested divorce trials far in advance. Trials also require extensive preparation, including witness lists, exhibits, and legal arguments.
So, how long does a divorce take if a spouse won’t sign in Texas and fights the process at every turn? In contested cases, the process may last six months to more than a year, depending on the complexity of the issues and the court’s schedule.
Children and Property Add Complexity
When children or high-value assets are involved, the divorce timeline may extend even further. Courts scrutinize cases involving child custody, visitation, and support to ensure the children’s best interests are protected. You must submit a parenting plan that outlines where the children will live, how decisions will be made, and what the visitation schedule will be.
Even in default cases, the court may require a hearing to review your parenting plan. If the judge finds your proposal reasonable and in the children’s best interests, they will likely approve it. But if anything seems unfair or unclear, the court may request revisions or additional evidence.
Similarly, cases involving substantial property or business interests require detailed financial disclosures. Courts need clear documentation to divide community property fairly. In some situations, you may need expert evaluations or appraisals, which can slow down the process.
The more issues involved, the more time the court needs to review your case. Accurate documentation, timely responses, and legal support help reduce unnecessary delays.
Your Attorney’s Role in Moving the Case Forward
Working with an experienced divorce attorney can speed up the process and prevent costly mistakes. Your lawyer will ensure all paperwork is filed correctly, deadlines are met, and service is completed properly. They’ll also represent your interests during hearings, mediation, or trial.
When your spouse refuses to cooperate, your attorney becomes even more essential. They know how to handle delays, request alternate service, and pursue default judgment when appropriate. They can also prepare you for the emotional and procedural challenges that come with contested cases.
Choosing to file for divorce is a major decision. But with the right legal guidance, you can move forward even when your spouse doesn’t participate. The court recognizes your right to leave an unworkable marriage, and your attorney helps you exercise that right effectively.
In Wrapping Up
So, how long does a divorce take if a spouse won’t sign in Texas? The answer depends on several key factors. If your spouse ignores the case and you follow all the proper steps, you may finalize the divorce in as little as 60 to 90 days. However, if they contest the case or avoid service, the process can take several months to more than a year.
The most important thing to remember is that their refusal to sign does not stop you from getting divorced. Texas law protects your right to end the marriage, even without your spouse’s agreement. By staying proactive, documenting everything, and working with a skilled attorney, you can navigate the process successfully.
You don’t need your spouse’s permission to reclaim your future. And with the right support, you can do it with clarity, confidence, and control.
Other Related Articles
- Mastering the Process: How to Serve the Initial Texas Divorce Papers
- What Happens After You Serve Your Spouse Texas Divorce Papers?
- When a spouse won’t sign the final divorce papers
- Everything You Need to Know About Serving Divorce Papers in Texas
- I Have Been Served with Divorce Papers in Texas – What Do I Do Now?
- Why Refusing to Sign Divorce Papers in Texas Won’t Stop the Process
- How long can you avoid being served divorce papers?
- Serving Divorce Papers in Texas: Challenges, Costs, and Conquests
- What If You Don’t Sign Divorce Papers in Texas? How to Protect Your Future
- Legal Implications of Not Signing Divorce Papers in Texas
