Choosing to file for divorce can be a heartbreaking decision. You may have decided after months of rumination. Anxiety further builds when your spouse doesn’t agree to sign divorce papers. But what happens if your spouse refuses to sign off? Is there anything you can do?
In Texas, you can still proceed with a divorce if your spouse disagrees. However, you will likely have to file a default judgment if they ignore the divorce petition. If your spouse does not agree to sign papers or disagrees with the terms of the divorce, you need to speak with our divorce attorneys in San Antonio, TX.
Common Reasons a Spouse May Refuse to Sign Divorce Papers
Having a spouse who refuses to sign off on divorce papers can be frustrating. Common reasons that a spouse won’t sign include:
Your Spouse is in Denial
Many people in unhappy marriages choose to stay married due to keeping up appearances. Given that a divorce is a stressful process, one spouse may be resistant to opening up their lives to such turmoil. What may surprise you is that many spouses refuse to sign the divorce papers, hoping that the divorce will not proceed. This couldn’t be further from the truth. As long as one spouse believes that the marriage cannot be salvaged, a judge will typically allow the divorce to proceed.
Your Spouse is Unable to Provide for their Financial Needs
If your spouse is a homemaker or has not maintained steady employment, they may be resistant to agreeing to a divorce. In these circumstances, your spouse may request alimony, also known as spousal maintenance.
Texas courts examine certain factors when determining eligibility, including the length of the marriage, the ability of each spouse to maintain gainful employment, the financial resources of each spouse, any history of marital misconduct, and the age and emotional condition of the spouse seeking support. Although your spouse may be eligible for alimony, it is not uncommon for a Texas court to deny support or order support in decreasing amounts for each subsequent year.
Your Spouse Disagrees with the Terms of the Divorce
If your spouse is unhappy with one or more terms outlined in the divorce papers, they may refuse to sign. In a San Antonio, TX divorce, the spouse served with the divorce petition is only permitted a certain amount of time to respond to the allegations made against them, in what is called an answer. The answer must be filed by 10 a.m. on the Monday after 20 days have passed since the divorce petition was served. While a resistant spouse may believe taking no action will halt proceedings, they may risk losing a say in any number of issues addressed in the petition.
Guidance in the Midst of Challenges
If your spouse refuses to participate in pleadings (documentation filed with the court during the initial stage of a divorce), this does not constitute a contested divorce. In a contested divorce, your spouse can file a counter-petition in response to the divorce petition. A counter-petition states the resolutions that your spouse is requesting, clearly stating their disagreement with you over crucial issues.
In contrast, if your spouse refuses to respond to your initial petition, the court may enter a default judgment in your favor. If you get a default judgment, then your spouse will have no input on property division, asset and debt distribution, alimony, or child custody and child support.
However, if your spouse does cooperate for most of the process but fails to sign the final divorce decree, you may be able to file a Motion to Sign. In a Motion to Sign, the court will sign the final divorce judgment, bypassing your spouse. Knowing which legal moves to make is a task best left to a knowledgeable San Antonio, TX, divorce lawyer.
Speak with Our Divorce Attorneys in San Antonio, TX
At Cook Law, our legal team understands that divorce is one of the most challenging situations you will ever face. If you have recently served your spouse divorce papers but have yet to receive a response, our divorce lawyers in San Antonio, TX, would like to hear from you. We are eager to help you navigate the divorce process, allowing you to come out the other end unscathed. To schedule a consultation with an attorney, we can be reached online or by phone at (210) 740-0281.