n many popular romantic comedies, one person wants a divorce and the other does not. In order to keep the divorce from happening, that person refuses to sign the divorce papers. In the movie, the divorce cannot happen because both people haven’t signed the divorce papers.
Real life is completely different. One party cannot force a marriage to continue if the other wants to dissolve the marriage. Usually, when one party refuses to cooperate, the judge will make the final decisions at a contested hearing. Keep reading to learn more about how to proceed with a divorce if your spouse refuses to sign the divorce papers.
The Texas Divorce Process
A typical divorce in Texas takes about six months to a year. At minimum, the judge will not sign the final order until at least 60 days after the petition is filed. These are the typical steps necessary for a Texas divorce:
What Is a Default?
If the party served with a divorce petition does not respond, the judge may find that your petition should be granted. If there are assets to be divided, you will need to show that the proposed division is fair and just. When there are children involved, your proposal must support what is in the best interests of the children. In short, a default is simply where the other party does not respond so the person who filed the petition gets what they want.
A Default Hearing
You can ask for a default hearing if the time has passed in which your spouse was allowed to respond. You must serve notice of the hearing so your spouse has a chance to be present. At the hearing, you can ensure that the court makes a good record of what the final order should be.
Bring Your Evidence and Documents
Even though you are asking for the judge to grant your petition as written, you still need to bring your evidence and the documents that will complete your divorce. Here are some of the most important ones:
How Your Family Law Attorney Can Help
Most of the time, divorcing parties either work together to come to an agreement or fight their way through a contested final hearing. However, there are some parties that refuse to participate. In those cases, you may be able to get a default judgment. With a default judgment, you will have a faster resolution, meaning that you spend less money and have less stress. At Setzer Law Firm, our attorneys can help you find the option that works best for you. Contact us today or visit our Colleyville office to learn more.