Spouse Won’t Sign Divorce Papers in Texas? Here’s What to Do

You may be wondering, what happens if one spouse refuses to sign divorce papers?

Every divorce is different, and many spouses go into the process unaware of what they can expect from the other spouse.

It is very common for one spouse to try to prevent the divorce from happening, ultimately ignoring it or refusing to sign divorce papers.

Steps to Get a Divorce in Texas

Divorce in Texas follows specific steps, which include waiting periods and vary based on whether a divorce is uncontested or contested. In an uncontested divorce, the spouses agree on all significant divorce-related issues—child custody, child support, property division, and spousal maintenance. In a contested divorce, spouses disagree on at least one significant issue. Contested divorces are typically more time-consuming and expensive than uncontested divorces, but they follow the same general steps.

Filing the Petition

The divorce process starts when one spouse files a petition for divorce with the local court in the county where either spouse resides. The spouse who files is the petitioner.

Serving the Respondent

After the petitioner files for divorce, they must formally serve the other spouse, who becomes the respondent. The respondent can respond by filing an answer, agreeing or disagreeing with the petition. 

Alternatively, the respondent may sign a waiver of service, thereby eliminating the need for the formal serving of papers on the other spouse. Respondents often use waivers when couples file for uncontested divorce.

Mandatory Waiting Period

Texas law requires a 60-day waiting period from the date the petitioner files the paperwork before a judge can finalize the divorce. In cases involving family violence, the court can waive the waiting period, allowing the divorce process to move forward more quickly.

Discovery and Negotiation

During the discovery and negotiation phase, the spouses exchange financial documents and other information related to the marriage and divorce. Spouses may also negotiate to reach agreements on the terms of the dissolution.

Mediation or Settlement

If the spouses are having a hard time reaching an agreement, Texas courts often require couples to attend mediation before going to trial on the issues. If the spouses reach an agreement, they complete and sign a document establishing divorce terms, and then submit it to the court for approval. This eliminates the need for a costly, time-consuming, and potentially stressful trial.

Trial

If the spouses cannot agree on all terms, the case has to go to trial so a judge can make decisions on unresolved issues. After the trial, the judge issues a divorce decree, finalizing the divorce.

What Happens If Your Spouse Won’t Sign Divorce Papers?

If your spouse won’t sign divorce papers in Texas, the divorce can still proceed. A spouse’s refusal to sign doesn’t prevent the divorce from happening. You can file for a default judgment if they ignore the petition, allowing the judge to make decisions on divorce terms without their input. Mediation or trial may be needed if the spouse disagrees with the terms.

What If My Spouse Doesn’t Respond to the Divorce Petition?

Once you file your petition with the court to begin your divorce, you will need to serve your spouse with a copy. If your spouse ignores the petition and does not respond, your spouse will “default.” 

When a person defaults, that means they failed to file a response to the complaint with the court. As a result, the lawsuit continues without them, and they lose the chance to present their side. 

You can proceed to file an affidavit—a legal document you swear to—with the court proving you served your spouse and they failed to respond. Once this is presented to a judge, they can make decisions on essential divorce details without your spouse, including child support and alimony.

Common Reasons a Spouse Won’t Sign Divorce Papers

Spouses refusing to sign divorce papers is very common. In many instances, spouses believe not signing the papers will affect the divorce. In reality, a divorce can still be finalized without their cooperation.

The Spouse Is in Denial

Unfortunately, sometimes, one spouse is in denial about the divorce. Divorces can be very challenging and stressful, and one spouse may not want to go through with it.

However, just because one of the spouses is in denial does not mean the divorce won’t go through.

The Spouse Believes They Can Prevent the Divorce from Happening

While many believe that simply not signing the papers will prevent divorce from happening, this is completely false.

The court can still finalize your divorce, whether the other spouse cooperates and signs it or not. In fact, by ignoring divorce documents, a person risks losing a say in the terms of the divorce. 

The Spouse Does Not Agree with the Terms of the Divorce

In many cases, the other spouse refuses to sign divorce papers because they disagree with the terms set forth.

If this is your situation, you will likely need to take your case before a judge to resolve it. It is best to discuss details with a knowledgeable Texas divorce attorney and understand your options.

Facing a spouse who won’t sign divorce papers can be incredibly frustrating. Let us guide you through this challenging situation with experienced legal support. We offer free consultations.

Legal Options When Spouse Refuses to Sign Divorce Papers in Texas

Once your spouse decides they are not going to cooperate, your divorce is considered a “contested divorce.” While it can be extremely trying to experience the divorce process with an unwilling spouse, there are legal options. The best one for you may depend on your specific situation.

Default Judgment

First and foremost, and as previously mentioned, if your spouse won’t sign divorce papers or respond to your petition, your divorce attorney can ask the court to enter a default judgment against your spouse. 

For the judge to grant a default judgment, you have to convince them that you clearly communicated to your spouse that you initiated divorce proceedings and notified them about the specifics of the case. Essentially, you have to prove that you gave your spouse a chance to respond—they had the opportunity to do so, but they did not. Usually, providing details about how and when you served your spouse with divorce papers helps to prove they knew about the divorce and chose not to cooperate.

As previously noted, in Texas, you must go through a mandatory 60-day waiting period before any divorce can be finalized. If you ask for default judgment, the judge will decide on the issues in your divorce and issue a judgment after a hearing and once the waiting period has expired. 

The hearing on default

Before the hearing, the petitioner should prepare several documents to present their case, including:

• A proposed final decree of divorce outlining the terms of property division, child custody, support, and any other relevant matters;
• Supporting evidence related to those issues like financial statements, a parenting plan, or property valuations; and
• Any other documents required by local court rules.

At the hearing, the petitioner may testify under oath about the marriage, the divorce, and the terms they are requesting. If the couple shares children, the petitioner should address child custody, visitation, and support. The petitioner may need to explain the rationale behind their proposed division of assets or parenting arrangements. Based on the evidence and arguments provided, the judge reviews the proposed final decree to confirm that it complies with Texas divorce laws. 

If the judge is satisfied with the evidence and documentation, they will sign the final decree of divorce. If additional information or changes are needed, the judge may request that you make those chances before they finalize the divorce. Of course, your lawyer can handle all of the details mentioned above. They will lead you through questioning at the hearing so you cover all of the necessary bases, and they’ll make arguments to the court on your behalf.

Mediation

Mediation can be a fantastic option for spouses who do not eye to eye. During mediation, both parties sit down with a mediator—a neutral third party. Your lawyer usually attends mediation with you. Without a lawyer present, you might get confused about your rights. A mediator cannot give you legal advice; their only job is to facilitate the discussion and encourage compromise solutions. If you have legal questions, the mediator is not allowed to counsel you—even if they happen to be a lawyer. 

It is wise to have your attorney present so you can ask questions as they arise. They are there to protect your rights, offer insights, and help you make informed decisions.

The mediator facilitates discussion between the spouses in hopes of resolving the issues at hand and reaching an amicable agreement. If both parties can reach an agreement, the divorce will not have to go to court.

Mediation offers many benefits, including:

• Lower costs than going to trial in court,
• A collaborative and less stressful process,
• Less time-consuming than taking the case to trial,
• Input from a third party with no stake in the case, and
• A less formal process that allows spouses to communicate without the formality of the witness stand or court filings.

It is crucial to attend mediation with an open mind. Many people leave mediation surprised to have achieved a solution that works for both spouses. When you finish mediation, the mediator generally proposes terms to settle your divorce outside of court. These terms only become binding if you and your spouse both sign the proposal. 

Trial

While most couples try to avoid trial, in some cases, it is necessary. A trial can be costly and time-consuming, but depending on your situation, it may be the best course of action. 

If you go to trial, the process typically includes a pre-trial phase before the trial. The pre-trial phase involves:

• Discovery—spouses exchange important information and documents related to the divorce, like financial records, property details, and anything relevant to child custody or support;
• Conference—a pre-trial conference allows both parties to confirm that all documents have been exchanged and to discuss outstanding issues in the case; and
• Finalizing evidence—spouses finalize their witness lists and evidentiary concerns.

In the typical process, if you do not resolve all divorce terms during the pre-trial phase, you go to trial, which usually involves:

• Opening—the trial begins with opening statements from both attorneys, who outline the outstanding unresolved issues and the evidence they plan to present;
• Presentation of evidence—both parties present their cases by presenting evidence in the form of witness testimony and exhibits;
• Cross-examination—after each witness testifies, the opposing attorney cross-examines or questions the witness; and
• Closing—after both sides present their evidence, the attorneys make their closing arguments to the judge.

After closing arguments, the judge typically explains their process for issuing a ruling and offers their expected timeline.

If either spouse is unhappy with the outcome and believes the judge misinterpreted or misapplied the law or the evidence they presented, they may appeal the case. Notably, a spouse who fails to respond to a divorce petition and becomes unhappy about the terms of a default judgment often cannot appeal.

Let a Qualified Texas Divorce Attorney Help You

We hope this discussion has shed some light on what happens if your spouse refuses to sign divorce papers in Texas. The Larson Law Office has had the pleasure of assisting many clients in the Houston, Texas, area. When clients seek help from our firm, they can feel confident knowing our skilled attorneys have the knowledge and experience required to handle their cases.

Our firm and attorneys are recognized for their hard work and dedication to our clients. We offer complimentary case reviews and our reasoned, honest opinions about your situation. Contact us today and let’s discuss your case.