Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

5005 Riverway Drive, Suite 450 • Houston, Texas 77056

Phone: 713-877-8800 • Fax: 713-877-1229

What to do if your spouse doesn’t want a divorce

Many times only one person wants a divorce. They’ve tried to make things work – helping out more, being more supportive, seeing a marriage counselor. Despite everything, one spouse realizes that their marriage just can’t continue.

They sit down to talk with their partner and the truth hits them. Despite all the problems, all the fighting and recriminations, their spouse doesn’t want a divorce.

Many Houstonians find themselves in this position. One spouse wants the marriage to end, but the other doesn’t. Even though one spouse doesn’t to end the marriage, a divorce will still be granted by the Houston Courts.

Texas is a no-fault state and will allow a marriage to end for insupportability. This means that a party seeking a divorce does not have to provide a reason such as infidelity to end the marriage. They merely need to tell the court that there is no way that they can work things out or that they’re not going to try anymore because the marriage just isn’t working.

There are several things you should do as soon as you know that ending the marriage is your only option, but your spouse doesn’t want to divorce.

  1. Contact a divorce attorney. Your attorney will make sure that you follow Texas law and know all the consequences of filing for divorce.
  2. Leave. Texas law doesn’t require married couples to live together. If one person wants a divorce and the other doesn’t, constant fighting or (heaven forbid) domestic violence could be a result. At any rate, most of the time living conditions will be extremely unpleasant.
  3. Protect your marital assets. You’ve heard of an angry spouse selling off valuable assets for 50 cents out of spite. These are usually things that are most dear to you. Texas Courts will put orders that prohibit the spouses to make big decisions until the divorce decree is final.
  4. Immediately file a petition for divorce. Even if your spouse doesn’t want a divorce, you have the right to file. Your lawyer will know what is required and how to serve the divorce papers to your spouse, and how long your spouse has to respond to your petition.

After you have filed for divorce, you should expect your spouse to feel hurt and resentment. Be prepared for their shock, their attempts to talk you out of the divorce so they will be protected from the pain, and the spiteful words they may say through anger and helpless feeling.

Showing respect for your soon to be ex-spouse can go a long way when one spouse doesn’t want the divorce. If you can help your spouse see that you both have a different, but equally important, perspective of your life together, you can help set a more civil tone. Respect goes a long way when you talk to each other. You can have an easier divorce process if you can communicate in a courteous manner.

John K. Grubb & Associates, P.C.
Houston Divorce Attorneys

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