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Can your spouse prevent you from filing for divorce in Texas?

On Behalf of | Aug 24, 2021 | Divorce |

Both partners have to willingly consent for a couple to get married in Texas. The state requires licensing to ensure that no one can easily coerce or force someone else into marriage. Still, some people worry that their spouse can force them to stay married.

When the marriage takes a turn for the worse, it is common for the spouses to disagree about what steps to take next. Many spouses will try to maintain their marriage even while coping with issues like adultery and drug addiction. Others may decide that they have waited long enough and that it is time to move on from an unhealthy marriage.

If you want to file for divorce in Texas, can your spouse block you and refused to permit the divorce?

How you file for divorce will determine what power your spouse has

Texas has multiple different grounds that allow people to file for divorce. The most common is probably insupportability, which essentially means that the marital relationship has broken down and the person filing does not believe the relationship will ever recover.

Insupportability is a no-fault reason to file for divorce. You don’t have to present any evidence, and your spouse can only contest the terms you suggest for property division or custody, not your decision to file. However, if you file for divorce based on specific grounds, like adultery, they could potentially defend themselves, disprove your claim and force you to start back over with the initial divorce filing.

Understanding the law and your rights and protections under it can give you a better idea about how to approach divorce. Experienced legal guidance can help.