Can I get a divorce even if the other person doesn’t want to?
This is a fairly common question from our clients. I think that this misconception tends to get carried away by laws of other states or even other countries in which there must be a motive or reason why the divorce is being requested.
Fortunately, in the state of Texas, it only takes one of the two parties to decide for whatever reason or reason, that they no longer want to pursue the marital relationship to file for a divorce.
In this case, the requesting party for the divorce is known as “Plaintiff” and the non-requesting party is known as “Respondent”. Once the petition for divorce has been formally filed in court, the responding party has the right to be notified of the lawsuit that has been filed against him and therefore the right to respond.
NOTE, it is very important not to leave a notification for later, since you only have 21 days to respond to that summons. Otherwise, a judge could enter an automatic judgment against you.
In the same way, it is very common for the counterpart’s whereabouts to be unknown or an attempt has already been made to notify them numerous times with no response. If this is the case, do not worry, it is possible to ask the court for alternative options to give official notification and thus be able to continue with the process.
Whatever the situation, whether as an applicant or respondent, it is important that you have the appropriate legal advice. Call an experienced family law attorney to learn about your options.
Our consultation is completely free and we offer payment plans that adjust to your possibilities.