My Spouse Refuses to Give Me a Divorce: What Can I Do?

person holding fingers in their ears

Posted on in Divorce

Plano divorce attorneyMoney fights are the second leading cause of divorce, behind only infidelity. With the highest inflation rates in 40 years, it may be hard to preserve family ties. You can count on those financial arguments spilling over to the actual divorce proceeding and potentially bringing out the worst in people. Perhaps your spouse refuses to cooperate, or they are simply in denial. You likely know your spouse better than anyone. If you believe they are not likely to budge and refuse to work with you through the divorce, do not try to negotiate or reason with them. 

Years of frustration and anger often bubble up to the surface when spouses are negotiating the actual terms of their divorce including child custody, property division, and spousal support. An experienced high-conflict divorce attorney is best suited to help you with your divorce.

Uncooperative Spouse

Do not give up. In Texas, you do not have to stay in a bad marriage. Texas does not require both spouses to consent to divorce for the divorce to be finalized. If the person you want to become your ex refuses to cooperate with, it may work out in your favor in the long run. When one spouse does not respond to a divorce petition or fails to appear in court, a judge is more likely to give you the things you are asking for in your divorce decree.

There are various legal paths to divorce, depending on the circumstances. If your spouse refuses to respond to the divorce petition, you could be awarded a divorce by default. If your spouse could care less, filing an uncontested divorce would be the better option.

When Lack of Cooperation Turns into a High-Conflict Divorce

The reality though is that once your soon-to-be ex realizes that this talk about divorce is no longer talk and that you have taken decisive steps, they are likely to have an awakening and want to take action against you. They are more likely to seek legal counsel and make unreasonable requests. Be prepared to have to fight your spouse for a fair parenting plan and division of assets.

If your spouse is extremely hostile or abusive, the judge will need both sides to present their arguments and then the judge will make decisions in the case whether either spouse agrees with the final decision or not. An experienced divorce attorney can help you get proof of your spouse’s bad behavior and make a persuasive case to a judge that what you are asking for is reasonable.

Contact a Plano Divorce Lawyer

If your spouse is stubborn and refuses to acknowledge that you want to get a divorce contact Law Office of Brian Bagley. A Collin County divorce attorney will be able to help you gather the necessary information. Call (972) 843-7158 for a free consultation.


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