What can you do if your spouse doesn’t want a divorce?

On Behalf of | Sep 16, 2021 | Divorce |

In some Texas divorce cases, one party wants to dissolve the marriage, and the other doesn’t. When these situations arise, what options are available?


If you haven’t tried relationship counseling, it’s worth a shot. Sometimes, couples make mountains out of molehills, and what they’re convinced is an insurmountable obstacle is really just a minor disagreement or difference in outlook. Marriage counselors have helped repair many unions, so seeing one is worth a shot.

Separate but don’t divorce

Depending on where you are in life, separating but not divorcing is always an option. In such situations, investments, trusts, Social Security payments and other longstanding financial entanglements can remain intact. It’s common for separated couples to draw up agreements regarding everyday spending. Additionally, they typically cleave any joint checking accounts.

The keys to a successful separation are an airtight agreement and the cooperation of both parties. However, it’s important to remember that remarrying is not a possibility. If either party starts a new relationship, it cannot be formalized so long as you remain married. For some people, this is not a big deal, but for others, it’s a deal-breaker.

Contested divorce

There are two types of divorces in Texas: uncontested and contested. The former is when both parties agree on the divorce terms and sign all the obligatory paperwork. Contested divorces come about when disagreements arise, including one party refusing to sign the paperwork.

In Texas, contested divorces involve court hearings. Both parties present their cases to a judge. In almost all cases, the judge will grant a divorce. However, working out an agreement may take time.

Divorce can be difficult, but if both parties approach the matter with maturity and grace, the process is typically a lot smoother. It’s also helpful to remember that divorce isn’t the end; instead, it’s a new beginning.