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Texas Law. This section of the law lists the residency requirements for filing for divorce. This section of the law allows "nonresident" spouses to file for divorce in Texas as long as their spouse has lived in Texas for at least the last six months.
If you absolutely, unequivocally know that your marriage is over, you may be wondering if you should file for divorce first ? or wait for your spouse to make the first move. Legally, it doesn't matter who files for divorce first in Texas, but there may be some advantages to one spouse striking first.
Your spouse does not have to sign the final decree for your divorce to be finalized. In Texas, as long as one spouse believes the relationship cannot be fixed, the judge will grant the divorce.
Because Texas is a ?no-fault? divorce state, your refusal to sign divorce papers does not prevent your spouse from getting a divorce. The court will grant a divorce as long as one individual in the marriage files the proper paperwork and cites an inability to fix the relationship.
How Do You Get a Divorce if Your Spouse Refuses in Texas? Luckily for you, even if your spouse has the best attorney in Texas, they cannot legally prevent you from dissolving your marriage. As a result, your spouse's ?refusal? can only come in the form of failing to answer when you serve them with divorce papers.