I really don’t want to get a divorce. How do I stop it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I really don’t want to get a divorce. How do I stop it?
Asked on March 12, 2009 under Family Law, Texas
Answers:
R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
From what I understand, unless your spouse is incompetent to be in court or to file legal papers, you will get divorced whether you like it or not. You can try to talk to your spouse, which I'm sure you've done. But if the spouse wants a divorce, then you will be divorced sooner or later.
S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Texas allows 'no-fault' divorces.
Aside from asking for a competency hearing/conservatorship for the other person (alleging they are too incompetent to handle their own affairs and they are not lucid enough to sign paperwork, etc.), one party to a marriage cannot stop a divorce from proceeding.
You can ask the court to order both of you to attend counseling, and you can ask for an order for mediation (which is really just an agreed division of property, custody, visitation, and support), but if one spouse insists on a divorce, it will be a divorce.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.