Your spouse doesn’t have to agree to a divorce
Although you may want to end your marriage, your spouse is under no obligation to share in your sentiment. Fortunately, Texas law allows you to follow through with your intent to obtain a divorce whether your partner wants you to or not. There are a series of steps that you may want to consider taking in the event that your spouse is attempting to thwart your efforts to move on with your life.
Don’t make emotional decisions
Your spouse may try to guilt you into staying for the kids or because it will be too hard to live on a single income. Although a divorce will be difficult on your children at first, staying in a toxic relationship is worse for them in the long run. It’s also worth noting that your partner will likely be entitled to marital assets, spousal support payments and other resources in a final settlement. Therefore, there is little reason to feel as if you are abandoning anyone by choosing to terminate your marriage.
Allow for some time to grieve
It’s normal for a person to feel rejected or betrayed after hearing that their spouse wants to get a divorce. Therefore, avoiding settlement talks may simply be a defense mechanism to protect against emotions that are painful to deal with. However, with time, your partner may come around to the idea that moving on is unavoidable.
At that point, it may be easier to deal with property division, child custody or other issues that need to be resolved in a fair, timely and amicable manner. Of course, if your spouse chooses not to respond to a divorce petition in a timely manner, a judge may grant a summary judgment in your favor.
Bank statements, tax returns and other information may all be helpful in obtaining a favorable divorce settlement. You may also help your cause by refraining from making defamatory statements about your spouse online or elsewhere. Staying calm and respectful may increase the odds that your spouse overcomes any initial objections to ending the marriage.