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What if My Spouse Wants a Divorce and I Don’t?

If your spouse has asked for a divorce recently and you find yourself unsure of whether you want. divorce, you may be looking for some guidance on what you should do next. Below are some helpful tips that may be useful.

Steps You Can Take Immediately if Your Spouse Wants a Divorce and You Don’t

  1. Take the Time to Process: Your spouse has already processed the idea of divorce but this may be a new concept for you. Ask for time to process and take the time to figure out what this might mean for you and your family.
  2. Find Your Support System: You may already have a strong support system. If so, now would be a good time to reach out to them. If you are feeling embarrassed or ashamed about the divorce being known to friends and family, there are also online support groups that can help.
  3. Seek Professional Counseling: If your spouse is open to it, going to marriage counseling together is a great way to figure out the next steps together. If they are not willing to do so, seek a counselor of your own.
  4. Consult with an Attorney: Now is a good time to start researching and looking for a knowledgeable family law attorney who will help you figure out your rights in the divorce process. An experienced attorney can help you figure out the timeline, the process, and what to expect as well as what you can do to start preparing for the divorce process. It is also important to note that even if you and your spouse have decided to remain amicable, consult with an attorney who, unlike you and your spouse, knows the process, pitfalls, and potential issues of a divorce.

While a divorce may not be something you want to go through with, the above guidance is meant to help you gain some control of this decision your spouse made. As mentioned above, an experienced family law attorney can help you figure out what your next steps are.

Additional Answers to Questions You May Have

If my spouse wants the divorce and I don’t, can I stop the divorce?

Unfortunately, no, you cannot stop a divorce. The laws do not force someone to remain married if they no longer want to.

If a divorce is filed, does it mean we have to get divorced?

No. The parties can nonsuit a divorce if they would like to remain married.

Can the court order us to try and reconcile?

Yes and no. Under the Texas Family Code, the court can order you and your spouse to counseling.

Can my spouse divorce me even if I don’t participate in the lawsuit?

Yes. If you were properly served and did not file an answer, your spouse can get a default divorce in court.