Can One Spouse Stop a Divorce in Texas? Here’s What You Need to Know

Описание: In Texas, you don’t need both spouses to agree to a divorce. If one person wants to end the marriage, they can file under the state’s no-fault divorce laws. But what if you’re the spouse who wants to stay together? Discover what the 60-day cooling-off period and counseling can mean for your marriage and what options you have to potentially reconcile.

🔗 Watch now to learn more about your rights and next steps.
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Transcript:
  Hey, we're talking about when only one spouse wants a divorce  and Texas modified its family law in the 1970s to take away the  fault grounds for divorce. And it's an INS supportability standard. And basically what that means is it's a no fault standard and it doesn't matter if one side or the other wants it or doesn't want it or is at fault or is not at fault for the legitimate ends of the marriage fraying and not being something that can work anymore.

If one party wants to be divorced and they file for divorce. Yeah, at some point there will be a course of action that is engaged in usually upon the filing of a petition for divorce that is going to end that marriage. So if you are the party that wants and needs the divorce, you are within your rights in the state of Texas because it's a no fault state, because it's an inability standard to ask for one.

And. Alternatively, if you are the party that is resistant to that and you don't want the divorce, there are some things you can do to further the legitimate ends of your union, of your marriage. There are two big tools in the Texas Family Code in state law to assist you. The first of which is the 60 day cooling off period.

So immediately after. A case is filed, A family law case is filed in Texas involving a divorce. The parties are put into the 60 day cooling off period at which time literally nothing can happen except negotiations, reconciliations, and alternatively counseling and things of that nature. There is a remedy under the Texas Family Code to ask the judge to refer the parties to counseling.

I haven't seen it used very often. Seated asked for, and occasionally I've seen it work. And I'll tell you, there's nothing that'll make a family attorney happier than dismissing an original petition for divorce. They are rare, and a lot of times those rare instances are what it takes to let the. Spouses know that, hey, maybe we do have something worth holding onto here and maybe we do have something good that we need to keep working on here, and that is a great feeling.

On the other hand, there are those situations where one side just doesn't want it, and at the end of the day, the people we voted for in Austin have made the law such that. It doesn't matter if both sides are in agreement with it. If one side wants and needs to have that divorce, they are entitled to petition the court to ask for it and ultimately it will be granted on grounds that just have to do with no fault.

And a Justin Wright division of the marital estate.