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What happens if my spouse wants a divorce, but I don’t?

Sep 20, 2021 | Divorce

Spouses do not always agree that ending a marriage is the only or best option. Often, one person feels that counseling, time or a period of separation can help repair the damage done.

If you are that person and your spouse is the one seeking a divorce in Fort Bend, you should know what can happen.

Contested and default divorce in Texas

In the legal context, objecting to a divorce is not going to stop it from happening. In other words, there are two ways a divorce can move forward without the participation of both parties.

  • contested divorce means you have responded to the divorce petition, but you do not wish to sign off on the divorce decree. You may disagree on child custody, support or property division matters. In these cases, your spouse will set a date for a final hearing and you will receive notice 45 days before the hearing.
  • default divorce occurs when you do not respond to the divorce petition. It means that the court will make a default judgment in favor of the petitioner. This outcome can occur whether you purposely did not respond to the petition or you did not receive adequate notice.

These types of divorces can be more complicated and contentious than divorces where both parties participate in the process. They can also result in more unfavorable outcomes for the person who wants to stay married.

Finding the best in a bad situation

You may not want to end your marriage, but if your spouse wants a divorce, it will move forward. And if you do not respond to petitions or agree to negotiate divorce-related matters yourself, the courts will make crucial decisions that can affect you indefinitely.

While this may not be the path you wanted to take in your marriage, refusing to walk down it can be a costly mistake.

Instead, you can work with an attorney to find the most favorable outcome for this situation. By participating in the process, you can seek the financial division and support you deserve and adequate time with your children. You can protect your home, your savings and other things that you could be relinquishing in contested or default divorces.