If one spouse doesn't wish to divorce, they may become contentious on multiple issues in order to prolong the process. The court requires divorcing spouses with contentious issues to attend mediation sessions to attempt to resolve their dissension with professional help.
Stay calm. Talk to your spouse. Try to understand what made your spouse come to this decision. Talk about how you will pace yourselves as you move toward divorce. Consider nesting for a period of time if you have children. Discuss a non-adversarial process. Accept and let go.
In every state in the US, you do not need to obtain permission from your spouse to obtain a civil divorce. The judge will sign the final paper, making the parties single, whether one party likes it or not. The process is to file, serve, litigate any issues (other than actual divorce), and get a judgment of divorce.
In every state in the US, you do not need to obtain permission from your spouse to obtain a civil divorce. The judge will sign the final paper, making the parties single, whether one party likes it or not. The process is to file, serve, litigate any issues (other than actual divorce), and get a judgment of divorce.
Yes, you can file without your husband's knowledge and consent. You have a constitutional right to marry whomever you like, with some narrow exceptions (eg some minors, some people you are related to, same sex persons in some states, etc.). You have about the same right to divorce, pretty much at will.
Initial Divorce Forms The website TexasLawHelp is great place to find family law forms. Approved by the Supreme Court of Texas for use in agreed, uncontested divorces that do not involve children or real property. TexasLawHelp has created a toolkit for divorces where the family does not have minor children.
You can do whatever you want, but without a lawyer, there is no one to advocate for you or to protect your rights. When a divorcing couple can agree on marital assets being shared and there are NO children, and no other support requested, a lawyer isn't necessarily needed.
Texas requires a 60-day “cooling off” period once a petition for divorce has been filed. Once the 60-day period has passed, a divorce order may be entered. Therefore, if the parties have come to a full agreement, they could be divorced in as little as two months. Typically, even uncontested cases take 90 to 120 days.
Unless there was family violence, the judge can't finalize a divorce at the hearing until 60 days after the petition for divorce was filed. Keep that in mind when "setting," or scheduling, your hearing. How you will set the hearing will vary from county to county. Please check with your court for exact details.
 
                    