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You’ve decided to file for divorce in Texas, but your husband refuses to participate—he won’t sign the papers, return calls, or engage in the process. Now you’re asking, can my husband stop the divorce? While his resistance can delay things, Texas law does not require both spouses to agree to end the marriage. If you follow the proper legal procedures, the court can grant a divorce even without his cooperation. However, uncooperative behavior may create roadblocks, extend timelines, and complicate court proceedings. Understanding your rights and knowing how Texas handles contested divorces can help you move forward with confidence—even if your spouse refuses to.
Can My Husband Stop the Divorce?
Divorce is hard enough when both parties agree to split. But if your husband refuses to cooperate, the process can feel even more stressful. In Texas, the law does not require both spouses to agree to a divorce. One person can file and move the case forward with or without the other’s consent.
This blog breaks down what happens when only one spouse wants a divorce and what legal steps you can take in Texas.
One Person Can File for Divorce in Texas
Texas law allows either spouse to file for divorce, even if the other person doesn’t want it. The state follows a “no-fault” divorce system. You don’t have to prove abuse, cheating, or abandonment. You only need to say that the marriage is no longer supportable. This means the relationship has broken down and cannot be fixed.
You can file for divorce on your own, and the court will proceed with the case even if your husband doesn’t participate.
What Happens if He Refuses to Sign the Divorce Papers?
Your husband’s refusal to sign anything will not stop the divorce from happening. His signature is not required to start the process or even to finalize it. Here’s what typically happens:
Step 1: You File a Petition
You must file an “Original Petition for Divorce” in the county where you or your husband has lived for the past 90 days. You must have lived in Texas for at least six months.
Step 2: Serve the Divorce Papers
After filing, you need to serve your husband with the divorce papers. This is done by a process server, constable, or sheriff. It’s a formal notice that lets him know the case has started.
Step 3: Wait for a Response
Your husband has 20 days (plus the following Monday) to respond. If he doesn’t respond or show up, the court may move forward without him. This is called a default divorce.
Step 4: Default Judgment
If your husband ignores the case, the court can issue a default judgment after the required waiting period. In Texas, the waiting period is 60 days after filing. The court may grant you the divorce based on what you requested in your petition.
Can He Stop the Divorce by Contesting It?
He can slow it down, but cannot stop it. If your husband contests the divorce, the court will schedule hearings to review both sides. You’ll both get a chance to present evidence about property, custody, and support. But once a divorce case is filed, Texas courts do not force someone to stay in a marriage.
A contested divorce usually takes longer and costs more, but the judge will eventually issue a final ruling and dissolve the marriage.
What if He Avoids Getting Served?
You have other options if your husband tries to avoid service. The court allows alternative service methods, including:
- Substitute Service: You can request permission to leave the documents with someone at his home or workplace.
- Service by Publication: If you can’t find him after making reasonable efforts, the court might let you publish a notice in a local newspaper.
As long as you follow the rules and document your efforts, the court will let your case move forward.
What Happens if He Tries to Delay the Process?
Some spouses use delay tactics, like refusing to respond, missing hearings, or dragging out negotiations. Here’s how Texas courts handle it:
- Judges can impose deadlines and issue penalties for delays.
- You can request temporary orders to protect your finances or child custody.
- The court can issue sanctions if your husband’s behavior is unreasonable or obstructive.
While it might take longer, you will still be able to finalize the divorce.
Property Division Without His Agreement
Texas is a community property state. This means anything acquired during the marriage belongs to both of you. If your husband refuses to cooperate, the court can still divide the assets fairly.
You’ll need to present:
- Proof of assets (bank statements, property titles, retirement accounts)
- Debt information
- Any relevant agreements or documents
If he doesn’t show up to defend his side, the judge may award property based on your evidence alone.
Child Custody and Support Decisions
The court focuses on what benefits the children, not what one parent wants. If your husband refuses to participate in custody decisions, the judge can still issue orders based on your statements, evidence, and proposed parenting plan.
Texas courts typically prefer joint custody unless there’s a strong reason for sole custody. You can also request child support, and the court will calculate it based on his income.
If he refuses to pay later, the court can enforce payments through wage garnishment, license suspension, or other methods.
Can You Get a Divorce Without Going to Court?
Only in uncontested divorces. If your husband doesn’t agree to the terms or refuses to respond, you’ll likely have at least one court appearance. Some counties allow virtual hearings. Others require you to show up in person.
If you hire an attorney, they can often appear on your behalf for certain hearings.
What to Do If You Feel Unsafe
If your husband has been abusive or threatening, you can ask the court for a protective order. This may include:
- Keeping him away from your home or workplace
- Temporary custody of children
- Exclusive use of certain property (like a car or house)
The court takes safety seriously. If you’re in danger, you can also file for a temporary restraining order when you file for divorce.
Should You Hire a Lawyer?
While Texas allows you to represent yourself, divorce gets tricky when the other spouse refuses to cooperate. A lawyer can help:
- File the right documents
- Handle service and court deadlines
- Respond to delay tactics
- Negotiate on your behalf
- Protect your rights in court
If money is a concern, some counties offer legal aid services or sliding-scale fees.
Common Questions
Can I get a divorce if my husband lives in another state?
Yes. As long as you meet Texas residency requirements, you can file here. You must still serve your husband properly. The court can decide divorce issues, but dividing property outside Texas might take longer.
What if I changed my mind after filing?
You can stop the case anytime before the judge signs the final decree. If you filed the divorce, you can request a dismissal.
How long will the divorce take?
The minimum waiting period in Texas is 60 days. If your husband contests the case, it could take several months or more. If he ignores it, you might finish faster through a default judgment.
Final Thoughts
In conclusion, if you’re wondering can my husband stop the divorce, the answer under Texas law is no—he cannot prevent it. While his refusal to cooperate may slow things down, the legal system upholds your right to end the marriage, regardless of his approval. With the proper documentation, persistence, and guidance from an experienced attorney, you can move forward and secure a resolution. The court will not keep you in a marriage that no longer serves your well-being.
Call to Action
If you want to file for divorce in Texas but your husband refuses to cooperate, speak to a family law attorney. They can guide you through each step and help you protect your rights in court. You deserve clarity, security, and a path forward—regardless of how your husband feels about the divorce.
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Other Articles you may be interested in:
- Why Refusing to Sign Divorce Papers in Texas Won’t Stop the Process
- Same Sex Marriage: Can a Judge Stop You From Getting a Divorce in Texas?
- All You Need to Know: What is a Default Divorce in Texas
- Deciding Spousal Support in Same-Sex Divorces
- Roadmap of Basic Divorce Procedure in Texas
- How to do Your Own Uncontested Divorce in Texas
- 5 Misconceptions Regarding the Divorce Process
- 10 Quick Tips About Parental Visitation
- Does it Matter who Files First in a Texas Divorce?
- Can I stop my wife from getting my Social Security in a divorce?
- Obtaining a copy of your Final Order
- Divorce when Husband is Not the father
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- Custodial and Noncustodial Parents: Answers to frequently asked questions
- Splitting a firefighter pension during a divorce
- Protective Orders in Texas Family Law Cases
- Can My Ex-Wife Claim My Pension Years After Our Divorce?
Frequently Asked Questions
Knowing when it’s time to leave a marriage can be a deeply personal and complex decision. However, some signs that it might be time to consider leaving include consistent unhappiness, lack of communication, unresolved conflicts, emotional or physical abuse, infidelity, or a fundamental mismatch in values and goals. Ultimately, it’s essential to reflect on your own well-being and seek professional guidance, such as marriage counseling or therapy, to help you navigate this challenging decision.
The walkaway wife syndrome refers to a common dynamic in failing marriages where wives reach a point of emotional disengagement and decide to leave the relationship. This phenomenon often occurs after years of feeling unheard, unappreciated, or neglected by their husbands. The decision to “walk away” is typically a result of accumulating dissatisfaction and a perceived lack of effort from the husband to address the issues within the marriage. It’s important to note that the walkaway wife syndrome can apply to any gender and is not limited to wives alone.
Separating from your husband while living in the same house can be challenging, but with careful planning and clear communication, it is possible:
– Establish boundaries: Define separate spaces within the house and create rules for personal privacy.
– Communicate openly: Discuss your decision to separate with your husband and establish guidelines for shared responsibilities, child care, and finances.
– Consider a trial separation agreement: Consult with a divorce attorney to draft a legally binding agreement that outlines the terms of your separation, including financial obligations and child custody arrangements.
– Seek emotional support: Reach out to friends, family, or a therapist who can provide the emotional support you need during this challenging time.
– Create a timeline: Develop a plan for eventually transitioning to separate living arrangements, including financial preparations and finding alternative housing options.
