I've been married 14 years and I believe that its time to throw in the towel. But my husband doesn't believe so. He thinks we can fix things (mind you we have been trying to fix things for at least 6 or 7 years). I do love him but I know that he won't change. I know that if I want a good life for me and my children than I'll have to let him go, even if it hurts. Anyway I live in Texas and I was wanting to know if I could get a divorce even if he doesn't want one. He is moving out today and so we won't be involved can I divorce him if he won't sign divorce papers.
2007-01-26 05:27:46 · 8 answers · asked by lala029 1 in Family & Relationships ➔ Marriage & Divorce
Yes you can get divorced, even if he doesn't want to. You may want to do some further research with an attorney or legal aid, but it is possible and has been done in the past.
2007-01-26 05:35:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Maybe him moving out will give you both time to make sure you don't want to work it out, like they say the grass isn't greener on the other side. My husband would' t change either, and I finally put my foot down and advised him that I wasn't happy and he needed to leave and if not then I would leave, he left for 2 1/2 months, when he called I gave him no conversation, I would put the kids on the phone and we did the weekend thing every other weekend. Well he got tired of it and finally realized that he missed his family, his wife, his lover, the mother of his children, his only true friend and wanted them back. I let him come back under my stipulations, that was the only way. He had to change if not, I would file for divorce. Honey, he did a complete 180. I have never been happier. But if that doesn't work, depending on your state, you would have to be separated for a year and 1 day, with no communication or being together, other than children, and they'll grant it, and he won't evern have to sign.
2007-01-26 14:06:07 · answer #2 · answered by lyd 1 · 0⤊ 0⤋
Yes, you can get a divorce granted w/out him agreeing to the divorce. After the divorce papers have been filed and he has been served w/ them, (by Oklahoma Law, but pretty much same in Texas) He has 20 days to hire an attorney of his own or file an answer to your Petition for divorce. If he does not he can still appear on his behalf. However, if he does not appear in court on the date set then the Judge may award you a divorce my default judgment only if you have proof that he received the papers (proof of service by either a process server or certified mail green card).
2007-01-26 13:59:22 · answer #3 · answered by krystyle7 1 · 0⤊ 0⤋
I don't know exactly how it works in Texas, but in Louisiana it makes no difference if the other party "wants" a divorce or not or is willing to sign the papers or not. One party in the marriage has to file for divorce and six months later it is done, or if you have children under 18 it is done in twelve months.
2007-01-26 13:37:11 · answer #4 · answered by simple_man 1 · 0⤊ 0⤋
Depends.. now in my divorce they didnt ask me if i wanted it or not, they asked him cause he was the petitioner and thats where it ended he said he wanted out and that was he end of that..
But my cousin.. he petitioned for his divorce from his wife..and she got it to be posponed for a year cause she didnt want to sign the papers, but after the year, they pushed it through..so thats all was an extra year..
So he can possibly get it delayed..but they cant make u stay married to a person u dont want to be married to ..so eventually he will run out of time and excuses.. IF even the judge allows for them..
2007-01-26 13:56:49 · answer #5 · answered by brwneyedgrl 7 · 0⤊ 0⤋
Yes, I never wanted a divorce, but my husband decided he wanted one. Anyone can get a divorce without the other spouse's consent.
2007-01-26 13:35:35 · answer #6 · answered by Christina K 2 · 0⤊ 0⤋
Yes, you can. You have to serve him with process and then he can decide if he wants to play ball or just let it happen to him.
2007-01-26 13:51:38 · answer #7 · answered by Starla_C 7 · 0⤊ 0⤋
yeah but it's gonna be long, drawn out, and ugly.
2007-01-26 13:38:15 · answer #8 · answered by H.B.K. 2 4 · 0⤊ 0⤋