I really don’t want to get a divorce. How do I stop it?

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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 12 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 12 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.

 


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