Get TX Sample Testimony for Divorce Without Children

The answer, at least here in Texas, is that no, your spouse does not have to sign the papers . Sometimes there are papers your spouse may choose to sign; but there is no requirement under Texas law that your spouse must sign anything for you to obtain a divorce.

Speak with a family law attorney in your state. ... File for a no fault divorce. ... Serve your spouse with the divorce papers according to the rules for service of process in your state. ... Wait for your spouse to either answer the petition for divorce or for the statutory time-period for an answer to expire.

No one can stop you from getting a divorce if you want one, with the possible exception of the court. If you don't follow proper legal procedure, a judge can deny your divorce, forcing you to start over. Your spouse can't stop you, but she can complicate the process.

Uncontested Divorce If you properly served the divorce petition and your spouse filed an uncontested response, but won't sign off on the final divorce papers, courts in some states may allow the case to proceed as though it's uncontested. You may wait to be assigned a court appearance date.

In England and Wales, it is possible for you to be divorced without knowing it. This is because a divorce petition does not always require a response from the other person in order for the divorce to be granted by the Court.

If you don't respond to the papers once you've received notice, your spouse asks the court to give him a final hearing on the divorce. ... A default judgment occurs when one spouse was summoned to court but didn't respond, leaving the judge to award the divorce based on the facts shown on the filing spouse's petition.

In Texas, a divorce is not final for at least 60 days after a petition is filed. It typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.

Texas divorce law does not require couples to be legally separated for any period of time before they file a petition for divorce. However, divorce petitions must be on file for a minimum of 60 days before a divorce decree can be issued. During that time couples are considered legally married.

Texas grants divorces based on the following fault grounds: adultery, cruelty, felony conviction and abandonment. Adultery means one spouse has committed adultery. Cruelty means that one spouse treated the other in such a way that the marriage and living together was insupportable.

Filing an uncontested divorce in Texas tends to be easier and faster than a contested divorce, which usually requires a trial in front of a judge. Because no trial is required, an uncontested divorce can be accomplished without an attorney.

Since Texas is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered "up for grabs" in the divorce will be distributed equally to each spouse.

In fact, every court offers no-fault divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested.

No one can stop you from getting a divorce if you want one, with the possible exception of the court. If you don't follow proper legal procedure, a judge can deny your divorce, forcing you to start over. Your spouse can't stop you, but she can complicate the process.

If your spouse was properly served the divorce papers, filed an uncontested response in court, then refused to sign the final divorce papers, talk with an attorney about your option to proceed with an uncontested divorce. ... You may have to move forward with a contested divorce, though.

If you don't respond to the papers once you've received notice, your spouse asks the court to give him a final hearing on the divorce. ... A default judgment occurs when one spouse was summoned to court but didn't respond, leaving the judge to award the divorce based on the facts shown on the filing spouse's petition.