Texas recognizes two types of divorce: contested and uncontested. An uncontested divorce happens when both spouses agree on all terms, while a contested divorce involves disagreements over matters like property division, child custody, and support.
But what if one spouse does not want the divorce?
Going through a divorce can be challenging, especially when one partner is resistant. For example, in one case a husband believed he could stop the divorce filed by his spouse.
First, he avoided being served with the citation, thinking that if he wasn’t served in person, the case wouldn’t move forward. But without legal advice and relying on tips from friends, he missed the crucial detail that his wife, through her attorney, could still serve him by posting the citation on his front door.
Second, during mediation, his goal was to win his spouse back. He pictured it more as a chance to win her back instead of settling the matters at hand. Mediation isn’t cheap—it can cost each spouse between $600 and $1,000 for just a half-day session. Even if it lasts less than four hours, they still have to pay up. This husband attended but stormed out after 35 minutes when he realized it was focused on settlement rather than reconciliation. He insisted that he would only negotiate if his spouse agreed to stop the divorce.
Third, he flooded her inbox with desperate emails professing his love and even shared a bucket list of activities he wanted to do with her—like scuba diving and a second honeymoon—manipulatively suggesting that if they completed these together, he would finally agree to the divorce.
During the final court hearing, he remained convinced he could prevent the divorce, opening his statement with, “I don’t want a divorce, and I am here to stop this divorce.” The judge, however, was not receptive to this. She explained that they would proceed with the divorce and that the purpose of the hearing was to determine how to divide their assets since no settlement had been reached prior to the final hearing.
In the end, the judge granted the divorce. The husband, who thought he could block it, ended up with less of their shared assets than the wife. This outcome was largely because she proved in court that she had been a victim of emotional and economic abuse during their 20-year marriage. This situation is a classic example of how someone with narcissistic tendencies might try to manipulate their partner even during a divorce.
So, can you really get divorced without your spouse’s consent?
Absolutely! You can move forward with a divorce even if your partner isn’t on board.
