When we first meet with a new client, we usually ask them how much thought they’ve given to the divorce. It’s very rare that someone schedules an appointment with one of our Woodlands divorce lawyers unless they’re considering filing for divorce. When a client tells us that they want to get divorced but that their spouse refuses to do their part, we know that one of two things are about to happen.
Either we will get a default judgment against their spouse, finalize the divorce, and get our client everything he or she asked for in the divorce settlement. Or, if we are unable to get a default judgment, we will have to fight tooth and nail all the way through the divorce process.
Sometimes, One Spouse Refuses to Give Up on the Marriage
When we were teenagers, right about the time we started middle school, we had our fair share of “crushes.” As we get a little older, these crushes turn into something much more serious. There are some people who have no problem going in and out of relationships.
There are others who become so obsessed that they refuse to accept that their relationship is over. They continue to call and show up at your house. They tell everybody that you are just taking a break. Or they even go so far as to fake a pregnancy just to keep the relationship going a little bit longer.
When your spouse refuses to get divorced, it feels the same way it did back then. No matter how hard you try to explain that it’s over, your spouse won’t accept it. This is when you tell your Woodlands divorce lawyer to draw the papers up and get the process started. Sometimes, the only way to prove that you’re serious is to make the first move.
They May Refuse to Get Divorced for Financial Reasons
Our Woodlands divorce lawyers have run into cases where our client’s spouse is afraid to get divorced for financial reasons. They don’t want to have to give their spouse half of everything they have worked for.
When you and your spouse get divorced, you will have to complete equitable distribution of your marital debts and assets. For the most part, these assets will be split down the middle. If your spouse is the one who worked through the marriage, they may not want to share their whole retirement and investments.
What they need to understand is that, whether they consent to the divorce or not, it will happen. They can either act rationally and work out a settlement with you over the marital assets, or they can give up and pay as much as $20,000 or $30,000 for a long, protracted divorce.
Does Your Spouse’s Religion Forbid Divorce?
Some religions look down on people who get divorced. People who are very religiously devout may not want to do what, in their religion, is a sin. They think that you’ll agree to just stay married out of respect for their religious views. Or they may file a response to your divorce attorney in Texas’ divorce complaint by stating that it is a violation of their rights to force them to get a divorce.
These arguments do not go over all that well in the family courts. At some point, the judge will get tired of their antics and move forward with a default divorce. All it takes is your spouse failing to respond to a motion, letter of inquiry, or administrative hearing.
Your Spouse May Want to Stay Together for the Children
It’s not unheard of for people to say they want to stay married for their children’s sake. They may have come from a broken home and don’t want to put their kids through the same thing. As honorable as this may be, nobody has the right to force you to stay married.
If they think that you didn’t think about your kids before you hired a Woodlands divorce lawyer, then they’re missing the big picture. The court is not going to make somebody stay married to somebody if they don’t want to be.
Your Divorce Attorney in Texas Will Make Sure That Your Divorce is Ultimately Finalized
It can be extremely frustrating to file for divorce only to have your spouse refuse to get divorced. There’s a part of you that wants to just shake them and ask them what their problem is. At the same time, if your wife or husband is refusing to agree to the divorce, it can’t possibly be a surprise. After all, they must have given you some hint as to how they would respond.
You probably had to endure hour-long conversations about the future of your marriage. Our Woodlands divorce lawyers have seen it all. We have had clients whose spouse just pretends the divorce isn’t happening.
We’ve handled other divorce cases where one spouse goes out of their way to delay the process. As much as this may drive you crazy, rest assured that your divorce attorney in Texas will get your divorce finalized. Nobody can refuse to get divorced. If one party wants to get out of the marriage, they’ll find a way to do it.
If you are considering filing for divorce but are afraid of how your spouse will respond, contact our office. Sit down with one of our experienced Woodlands divorce lawyers and tell them what’s going on. If your spouse has their own divorce attorney in Texas, your lawyer can reach out to them and see if they can talk some sense into your spouse.
Divorce can be painful enough as it is. The last thing you need is someone dragging the process out for much longer than it needs to be. Contact us today and we’ll set up a date and time for you to come into the office.