Being on a different page in their relationship than your spouse is a different position to find yourself in. Many other emotional, familial, and relational issues arise when spouses cannot agree on the status of their marriage. A marriage takes two people to make it work. When you and your spouse are unable to reconcile your differences then a divorce becomes an option. You may have concluded that a divorce is necessary. However, what can you do when your spouse disagrees?
In today’s blog post from the Law Office of Bryan Fagan, we will discuss the topic of moving forward in a divorce when your spouse is not on board. Specifically: can you get divorced when your spouse disagrees? We will walk through the divorce process and what you can do when you have an unwilling spouse as a partner. Along the way, tips, valuable information, and other material will be shared with you.
The attorneys with the Law Office of Bryan Fagan have the valuable experience you need to be able to proceed with a divorce. Any questions you may have about this topic or any other in family law can be directed to one of our attorneys. We have offices in every major metropolitan area of Texas. That means that you are never far from one of our attorneys if you have any questions. Additionally, we offer free-of-charge consultations six days a week in person, over the phone, and via video.
What does a no-fault divorce mean?
Texas is a no-fault divorce state. This means that you do not need the permission or agreement of your spouse to proceed to a divorce. Simply specifying in your petition for divorce that there is an irreconcilable difference between you and your spouse is enough to move the case forward. Even if your spouse is against the divorce that does not mean you cannot move forward. Rather, consider your options within the divorce process and determine if ending your marriage is right for you and your family.
Texas has not always been a no-fault divorce state. Rather, like the other states in our country, Texas once required you to specify a reason for wanting the divorce. Examples of these reasons are adultery, abandonment, and cruel treatment. These are otherwise known as fault grounds for divorce. In years gone by you would need to have a reason for divorcing your spouse. Many times, spouses could agree on listing a reason to obtain a divorce. Now, that is no longer necessary.
With that said, listing a fault ground for divorce in your petition may still make sense. Keep in mind that fault grounds for divorce are still useful in a case. For one, they can hold your spouse accountable for bad actions. A second would be that you can win more favorable outcomes in the case by proving a fault ground. Backgrounds must be proved with evidence and not merely alleged in a Petition for divorce. Working with an experienced family law attorney can help you gain an advantage when it comes to collecting evidence in your case.
The original petition for divorce
Beginning a divorce means filing an original petition. To petition the court means simply to ask the court for something. In this case, you will be asking the court for a divorce. We have already established that you do not need to list a specific reason for wanting the divorce. Rather, asking the court for a divorce based on supportability would be the most direct path for you to take. A discord of personalities and irreconcilable differences sum up a case based on supportability.
The petition is not a long or complex document. It is important, however. Before filing the petition, you may have some concerns over how you are going to get the case started. They say that in an important journey, the most important step is the first one. Sometimes it can also be the most difficult, as well. How can you gain the confidence you need to step forward into a divorce? Through knowledge, is how. The more knowledge you can possess about the divorce process the more confident you can be that you are making good decisions for yourself.
Remember that divorce is not something you need permission to do, either. Your spouse may be against a divorce. However, it is up to you to decide for yourself as to what you and your family need in the future. A divorce can seem like an uncomfortable step to take at this time in your life. It may be just what you need to make necessary changes in your own life. Talk to your support system, family, and then an attorney if you think a divorce is right for you. The Law Office of Bryan Fagan can help you get the process started if you believe it is best.
Serving your spouse with notice of the divorce
The next step in a divorce is serving your spouse with notice of the petition having been filed. Filing a petition is great but the case does not truly begin until you can provide him with notice. This means that your spouse will have knowledge that the case is filed and assigned to a court. Service of the petition can be accomplished in multiple ways. A constable or private process server may pick up the documents from the courthouse and serve them to your spouse in person.
If your spouse chooses not to participate in the divorce you can still proceed with the case. However, substituted service must be approved first. Substituted service is any non-personal service of the divorce petition to your spouse. Service by publication or even posting the petition to the courthouse steps are all options. Alright, this option is only available if due diligence has been exercised in attempting to serve your spouse personally.
The final option for completing the service aspect of filing the divorce petition would be to have your spouse sign a waiver of service. This accomplishes exactly what you think it might. Namely, your spouse waves their right to be served personally with notice of the divorce. Rather, your spouse agrees to receive the paperwork from you or your attorney without personal service. That way your divorce can theoretically proceed faster. The key to this discussion is being able to talk to your spouse about the divorce before it begins.
How to approach your no-fault divorce
As we discussed, a no-fault divorce simplifies this process. Rather than an elongated divorce involving a particular fault ground, you and your spouse can complete your case relatively quickly. However, the actual path of your case depends upon the planning that goes into it. Many people begin a divorce without thinking through the issues or how to even begin the case. For instance, have you considered whether to talk to your spouse about the divorce first? Depending upon your circumstances it may be best to do so.
By talking to your spouse about the divorce before it begins you allow yourself to begin the negotiation process. No one expects you 2 find out that your spouse is excited about the divorce. As someone reading this blog post is likely your spouse is against the divorce. However, only you can determine whether to move forward with a divorce case. This is not something for you to decide as you are discussing with your spouse. Rather, talk with your spouse about the potential divorce. From there, you can determine whether it is possible to begin negotiating sooner rather than later.
What many people do not know about divorce is that it is frequently determined through negotiation rather than by the rulings of a judge. A judge can intercede to help play a tiebreaker when you are unable to settle issues with your spouse. However, ideally, you and your spouse will be able to work together through negotiation to settle your case. This gives you greater autonomy than you may have thought. It also places more of an emphasis on understanding the issues and being able to have a game plan.
The critical role played by mediation
Mediation involves you, your spouse, and your attorneys meeting with an experienced family law mediator to help settle your case. Mediation frequently occurs at two stages of your case. The first stage is for temporary orders. Temporary orders provide you and your spouse with guardrails and instructions on how to behave during the divorce. It may sound condescending that you would need instructions as an adult, but a divorce is a unique circumstance compared to your normal life. As a result, it is helpful to have these temporary orders in place.
Temporary order mediation can help to avoid the necessity of a temporary order hearing. Make no mistake, a temporary orders hearing is more akin to a trial than anything else. Your life during the divorce is governed by temporary orders. Child support, child custody, use of property, and spousal support are all topics covered by temporary orders. Even if yours is a no-fault divorce that does not mean This is not a subject that is important to you and your family. The circumstances of your case will largely determine how topics like this are handled. By negotiating on these subjects and mediation you can avoid the need to attend a temporary orders hearing.
Finally, mediation will also take place before a trial. The trial is like a temporary order hearing but handles matters after your divorce is over. Again, bear in mind that what your trial covers is also what will be covered in temporary order mediation. The more detail-oriented you can be in final orders mediation the better off you will be. Most divorce trials can be avoided due to how successful mediation tends to be.
Selecting the right attorney for your no-fault divorce
Whether your spouse wants to participate in the divorce or not it is important for you to proceed with a great deal of knowledge into the case. Many people who begin a divorce find that they have more questions than answers. This is completely normal. However, proceeding into the divorce with a lot of questions should not mean that you continue with more questions than answers. Having an experienced attorney by your side can go a long way to helping you gain the level of knowledge that you need to proceed with confidence.
Many people assume that an attorney makes decisions for clients in a divorce case. It is quite the opposite. Attorneys are there to educate clients and help them to make better-informed decisions themselves. The attorneys with the Law Office of Bryan Fagan have the heart of a teacher. That means that we value our relationship with our clients. We do not look at the attorney-client relationship as one where we are here to dictate anything to our clients. Rather, we humbly approach the case as educated to our client and advocator for their rights.
When you begin the process of working with an experienced attorney make sure that he or she practices in family law. Like any other area of the law, family law carries with it specific elements that require an experienced guide. Many attorneys will tell you that they can represent you in a divorce. However, you need Someone who focuses on family law and delivers results for their clients. The attorneys with the Law Office of Bryan Fagan have decades of combined experience. Our attorneys know how to guide clients just like you through their divorce.
Deciding what to do with the family home
One of the most significant questions that many spouses have going into a divorce has to do with the family home. Specifically, what are your options when it comes to approaching this subject? Certainly, the family home may be one of the most significant topics in your divorce. For many of us, the family home represents your largest asset. Therefore, you do not want to make any mistakes about how this asset is handled.
When it comes to the family home There are a handful of options. The first would be to sell the home and split the equity with your spouse. Does this put money in your pocket, but it also eliminates a debt in the form of your mortgage? Moving down this route with your spouse takes a great deal of communication. All the details of selling a home: listing the home, choosing an agent, and then showing the home and agreeing on a sale price must be worked out in advance. Whatever assurances or specifications you all come up with should be included in your final decree of divorce.
Additionally, you may choose to remain in the house. Or your spouse may choose to do the same. Whatever you choose to do should occur with the assistance of an attorney. Whatever side you end up on it is important that your liability be minimized. If you are leaving the home, then your spouse should try to refinance the mortgage. If not, a deed of trust to secure assumption can be a helpful tool to have in your tool belt. Additionally, you would need to sign a special warranty deed which would end your ownership rights in the home. An experienced family law attorney is familiar with drafting these documents and can help.
Final thoughts on moving forward with the divorce that your spouse does not want
It does not take two to tango when it comes to a divorce. If you have thought through the issues and made a decision to move forward with the divorce, then that is certainly something you can pursue. We have talked about how a no-fault divorce makes this process easier for someone in your position. However, even a no-fault divorce does not eliminate all the potential roadblocks to completing your case. Rather, you and your spouse can expect to encounter some difficulties throughout the process.
Learning as much as you can about a divorce in advance can be helpful. This way you can avoid unpleasant mistakes that can cost you time and money. The attorneys with the Law Office of Bryan Fagan thank you for joining us in our blog today. We post unique and informative blogs seven days a week. No matter what kind of divorce you need to pursue, the attorneys with the Law Office of Bryan Fagan are here to help you and your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.