WHAT IF YOUR SPOUSE WILL NOT AGREE ON A DIVORCE
If you want to move on with your life but your spouse will not agree to a divorce, there are several actions you can take that may assist you.
File a no-fault divorce
As a Texas resident, you can file for a no-fault divorce, which allows you to initiate divorce proceedings without having to prove that neither you nor your spouse is at fault for the marriage’s failure. Since this type of divorce does not provide much ground for your spouse to argue or place blame, he or she will likely not have the ability to contest it.
Ask for a default divorce
Once you file for divorce, your spouse must respond to your action, in writing, within 30 days. If he or she refuses to act and does not respond, believing this will stop the divorce, you can ask the court for a default divorce. If your spouse does not come to court on your hearing date, the judge will review your filing and ensure all your paperwork is in order before granting you the default divorce.
Understand your rights
Even if your spouse does not want a divorce, you are not required to stay married. You do not need his or her permission to file, and even if your spouse wants to contest the divorce, you have the right to proceed.
Some individuals file for divorce because they feel burdened or curtailed by their marriage. No matter the reason, however, they have the right to pursue a life that is separate from their spouse.