Way back when, a divorce in Texas would only be granted for certain, specified reasons. To seek a divorce, a spouse had to both allege and prove one such specific reason to get a divorce. Should he or she be unsuccessful in proving the alleged reason for seeking a divorce, then the divorce would be denied. This is what is still referred to as a “fault divorce.” A legally recognized form of the fault must be asserted and proven in order for a divorce to be granted. You can still seek a fault divorce in Texas, although no-fault divorce is also an option. Sometimes, a person may seek the more challenging path of a fault divorce for reasons such as leveraging the actions of a spouse to get a more significant portion of the marital property.
Texas may still have fault divorce, but, as of the 1960s, Texas adopted no-fault divorce as an option as well. A no-fault divorce provides an easier, less obstructed pathway to divorce. It also makes it nearly impossible for a spouse to successfully oppose the divorce.
Can I Oppose Divorce?
In a no-fault divorce, only one spouse need to assert irreconcilable differences to be granted a divorce. Yes, there may still be some back and forth between the two spouses regarding issues incident to the divorce, such as spousal support, child support, child custody, and division of the marital assets, but there is almost no way that a spouse can effectively disprove that there are not irreconcilable difference to prevent the divorce from happening. In fact, trying to oppose the divorce may actually lend itself to the fact that the two spouses have reached a stalemate in the marriage.
A spouse can file for divorce on his or her own. There is no need for the other spouse to accept the prospect of divorce. The only really viable way to prevent the divorce from happening would be to convince your spouse not to pursue divorce. Some operate under the misguided belief that if he or she is never served with divorce papers, then the divorce will not proceed. You see, once a spouse files a petition for divorce, the other spouse must be served with a copy of the petition as well as a citation setting forth the respondent spouse’s right to respond to the lawsuit and when such a response must be received. A spouse can, of course, waive the notice requirement.
Refusing service or trying to avoid being served with divorce papers will not prevent the divorce from proceeding. In fact, it is more likely than not that the divorce will proceed and it will proceed without input from the spouse trying to avoid service. Service does not always have to be personally served. There are alternate ways to effectively give notice. Should a spouse continue to dodge service, the divorce proceedings will carry on, issues will be resolved without opposition, and a default divorce will likely be granted.
Family Law Attorneys
Do you have questions about divorce? The team of trusted family law attorneys at Navarrete & Schwartz has answers for you. We are proud to serve the residents of Midland, Texas. Contact us today.