On Behalf of Kevin E. Sralla | September 15, 2024 | Blog

Divorce can be tough, even when both spouses feel it is in their best interests. However, as experienced family law attorneys know, divorce matters become even more complicated when one spouse refuses to cooperate, particularly in cases involving a SAPCR, or Suit Affecting the Parent-Child Relationship.

In Texas, a SAPCR is a legal action that addresses issues related to child custody, visitation, child support, and other matters concerning the welfare of children. When a divorce includes a SAPCR, it requires careful consideration of parental rights and responsibilities — making the presence of an uncooperative spouse potentially more disruptive and necessitating extremely professional representation from seasoned San Antonio divorce attorneys.

During this challenging time, pursuing the best interests of the children requires the support of knowledgeable and experienced family law attorneys who can offer informed and compassionate legal representation.

Are you dealing with an uncooperative spouse and wondering how to get a divorce when the other party refuses in San Antonio?

The family law attorneys at Sralla Family Law PLLC have extensive knowledge of Texas family law and a profound understanding of the emotional turmoil our clients experience when a spouse refuses to divorce, whether it involves children or not.

This blog, from a San Antonio, TX divorce attorney, explains what to do in family law matters when your spouse won’t sign divorce papers. Continue reading to learn more, then contact us at (210) 212-5656 to schedule your free initial consultation. 

With the strength of a giant and the heart of a neighbor, we will guide you through every step of the divorce process.

Understanding the Legal System and the Texas Divorce Process

Legal separation does not exist in Texas. Couples who wish to separate must consider other legal solutions or proceed with a divorce to formally end their marriage. However, Texas does not require your spouse’s consent to file for divorce. Since it is a “no-fault” divorce state, you can seek a divorce without proving wrongdoing by either party.  According to Texas Family Code Section 6.001, the most common ground for a no-fault divorce is “insupportability,” meaning the marriage can no longer continue due to conflicts or discord.

Once you have filed for divorce, you must serve your spouse with the petition and citation to officially start the legal process. Under Texas law, if a Respondent does not file an answer to a lawsuit by 10 a.m. on the Monday after 20 days have gone by since being properly served, they are considered “in default.” At that point, you can proceed with your case without their consent or involvement. However, if you have child custody, child support, or property issues to resolve, the court may require both parties’ presence before granting a final divorce.

A San Antonio Divorce Attorney Explains Some Common Reasons for a Spouse’s Refusal to Sign Divorce Papers

An experienced divorce attorney knows from working with numerous clients that it’s common for a spouse to refuse to sign the papers. Many of these uncooperative spouses believe they can prevent a divorce by not signing, but a Texas divorce can be finalized without their consent. In San Antonio, a spouse may not want to divorce for a few common reasons:

1. The Resistant Spouse is in Denial About the Divorce

Because divorce proceedings can inflict a significant amount of stress and emotional upheaval, the uncooperative spouse may resist to avoid putting themselves through this turmoil. They perceive that it’s easier to remain in denial, yet they do not realize a divorce can still take place.

2. The Resistant Spouse Believes They Can Prevent the Divorce

As noted, refusal to sign the papers does not prohibit a divorce from taking place. While an uncooperative spouse might falsely believe they can stop a divorce, a Texas court can still finalize it. Often, the spouse who refuses to cooperate only harms their own interests by not having a voice in the divorce.

3. The Resistant Spouse Disputes the Terms of the Divorce

An experienced San Antonio divorce attorney understands from representing clients that an uncooperative spouse often refuses to sign divorce documents because they disagree with the terms of the divorce. If you find yourself in this situation, you’ll likely have to take your case before a judge. Consult knowledgeable San Antonio divorce lawyers, who can listen to the details of your unique circumstances, explain your options, and protect your rights.

San Antonio Divorce Lawyers Explain Your Legal Options When a Spouse Resists a Divorce

A divorce lawyer from Sralla Family Law PLLC understands that you may feel frustrated and unsure of what to do if your spouse refuses to participate in the divorce process. We have been helping clients through these stressful family law cases since opening our doors in San Antonio in 2006. When you consult a skilled family law attorney from our firm, we will protect your rights as we guide you through the legal proceedings.

Default Judgment

First, if your uncooperative spouse refuses to sign the divorce documents or respond to your petition, your divorce lawyer can request that the court enter a default judgment against them. A default judgment enables the court to decide on the divorce terms without your spouse’s participation. However, our divorce attorneys caution our clients that this may not be an ideal option if they have children or significant assets to divide. Concerning matters of child custody, who will pay child support, and property division, it generally benefits both parties to come to an agreement together.

Mediation

Mediation is often required in Texas before a final trial can be scheduled. During mediation, a neutral third party, who does not have decision-making power, will facilitate communication between the spouses to reach a mutually agreeable solution. If both parties reach an agreement, the divorce does not have to go to court. However, if your uncooperative spouse continues to refuse mediation or any other attempts at cooperation, the court may appoint a lawyer to represent them in the case.

San Antonio Divorce Lawyers Explain What Steps to Take When the Other Party Refuses to Cooperate in Bexar County

1. File the Petition: Start by filing a Divorce Petition in the appropriate San Antonio court. The petition should clearly state your grounds for divorce and any specific requests, such as child custody, child support, or property division.
2. Service of Process: After filing, your spouse must be officially notified with divorce papers, usually through a process server or a constable. If your spouse is avoiding service, you may request alternative methods, like posting a notice at the courthouse or publication in a local newspaper.
3. Default Judgment: If your spouse fails to respond within the required time frame, you can request a default judgment. In a default judgment, the court may grant your divorce and any other requests in your petition without your spouse’s input.
4. Temporary Orders: If necessary, you can request temporary orders for child custody, child support, or property management while the divorce is pending.

Are You Looking for a Divorce Lawyer in San Antonio, TX? At Sralla Family Law PLLC, the Buck Stops Here. We’re Ready to Help You Face Your Legal Issue with Confidence and Peace of Mind

Family law issues are already difficult and, when an uncooperative spouse refuses to divorce, legal issues become much more contentious. Are you dealing with this situation in the San Antonio area? You’re probably worried about your family’s well-being and uncertain about what steps to take, but we want you to know you’re not alone. The family law attorneys and legal team at Sralla Family Law PLLC, led by owner/attorney Kevin “Buck” Sralla, are here to provide the support and guidance you need to move forward with your divorce with confidence. We have been helping clients going through this same challenging time in the San Antonio area for more than 18 years, and our law office is ready to assist you, too. 

Contact us for a free initial consultation at (210) 212-5656 or complete our online form to discuss your legal issue. We will determine the best approach for pursuing the right divorce solution for you and your cherished family members. At Sralla Family Law PLLC, we blend the might of large firm services with warmth and care. With the strength of a giant and the heart of a neighbor, we’re your San Antonio law allies.

Copyright © 2024. Sralla Family Law PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Sralla Family Law PLLC
542 E. Highland Blvd.
San Antonio, Texas 78210
(210) 212-5656
https://www.familylawsanantonio.com/