Can Your Spouse Fight Your Divorce?

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Usually, when a couple decides to get divorced, it’s a decision they arrived at together. But that’s not always the case. There are times when one spouse wants a divorce and the other wants to work it out. This can make the divorce process drawn out and expensive. When one spouse wants to fight the divorce, it can make it very uncomfortable for everyone involved.

Technically, you are supposed to cite a specific reason for your divorce. Years ago, people used to have to cite one of the following in order to get their divorce finalized:

  • Extreme cruelty
  • Abandonment
  • Adultery
  • Inability to consummate the nuptials (impotence)

Today, very few people bother to cite grounds for divorce in their complaint. All you have to say is that you and your spouse have irreconcilable differences. This means that you just can’t get along and can’t live together as man and wife. This way, you don’t have to give any specific reason for why the marriage didn’t work out.

Your Houston divorce lawyer can explain how this work. Here, we’ll give a brief description of what can happen if your spouse refuses to consent to the divorce.

Why Would Someone Refuse to Divorce Their Spouse?

Just because one spouse accepts the fact that the divorce is over, that doesn’t mean the other spouse does. There are situations in which one spouse falls out of love with the other. That doesn’t mean the feeling is mutual. Some people hold on to every last hope, praying that something will save their marriage.

Some examples of when one spouse may refuse to divorce the other are:

  • If a husband cheats on his wife, she may file for divorce. He may insist that the affair meant nothing and that he wants to try again. No matter how insistent the wife is, her husband may drag things out hoping he can convince his wife to give it another try.
  • One spouse may find someone new. If they realize they’re not in love with their spouse anymore, they’ll file for divorce. That doesn’t mean the other spouse is ready to give up. If they’re still in love with their spouse, they’re not going to want to agree to a divorce.
  • A woman may be in the military and stationed overseas. Her husband feels like they don’t even know each other anymore. He may file for divorce, telling his wife that he wants to be with someone who is there to spend time with him.

In these types of situations, divorce may be the best solution for one spouse. However, the other one may not agree that it’s time to call it quits. They may choose to fight the divorce in the hopes that their spouse will change their mind.

What Can Your Spouse Do to Fight the Divorce?

If your spouse refuses to agree to a divorce, you’ll need the courts to help you move things along. In order to file for divorce, you need to file something called a complaint. Your spouse will be served with the complaint and will be given a certain amount of time to answer.

If your spouse does nothing, once the deadline passes, you can ask the judge to grant your final divorce. This is called a default judgment for divorce. However, if your spouse is fighting the divorce, they’re going to file an answer to the complaint.

In their response, they’ll simply deny that there are any grounds for divorce. More than likely, your Houston divorce attorney is going to cite irreconcilable differences as the grounds for the divorce. Your spouse may argue that, not only do you still live as man and wife, but that the marriage is stable and happy.

While this will buy them some time, it won’t prevent the divorce from happening. In this day and age, the courts don’t force people to stay married. However, fighting the divorce will drag it out for months or years. It will also cost you a lot more in legal fees.

Contact an Experienced Divorce Lawyer in Houston Today

If you have a feeling your spouse is going to challenge the divorce, you need to contact an experienced divorce lawyer in Houston. They can negotiate with your spouse’s lawyer. They can also try to get your spouse to see reason.

The good news is that a skilled divorce attorney at Eddington & Worley can get you the divorce you want. They’ll work hard to prevent your spouse from dragging the process out any longer than absolutely necessary. They can also demand that your spouse pay your legal fees since they intentionally made the process harder than it had to be.