Although it isn’t common, there are some reasons why a judge can deny a divorce in Texas. Preventing this problem is a matter of careful preparation to make sure you are following Texas family law requirements. Even if your soon-to-be ex refuses to cooperate, you can still complete your divorce if you work closely with our experienced Frisco divorce attorneys at Albin Oldner Law.
Why can a judge deny a divorce in Texas?
Although there are several instances where a judge could deny your divorce, most of them have to do with Texas family law requirements. Divorce law is very specific, and you must follow every step in the process or risk a denial. The criteria to file for divorce in Texas include, but are not limited to:
- At least one of you must be a resident of Texas for a minimum of 6 months before you file.
- At least one of you must live in the county where you’re filing for at least 90 days before beginning the process.
- You must properly serve notice of the divorce to your spouse.
- If your spouse won’t cooperate with the divorce, you must file a default divorce petition to avoid a denial.
- You must wait at least 61 days under Texas law after filing the initial petition for a final decree.
- You didn’t file all the forms correctly or on time.
- You didn’t attend your court hearing.
You aren’t guaranteed a divorce just because you want one, so it’s wise to take the time to review the requirements and do your best to meet them. Judges don’t want to keep you from getting divorced, but they must uphold the law before dissolving your legal marriage contract. Ultimately, a “denial” simply means that you have to wait longer to get your final decree while you fix the issues the judge identified.
Child custody and property division disputes will also put a divorce at risk for denial
Another factor that could result in a denial is when you and your spouse have not resolved all the concerns around child custody (called conservatorship in Texas) and how to divide your assets. You’ll need to file a parenting plan that states where the children will live and visitation with each parent. You’ll also need to create an inventory of property and who will receive it.
The court will always rule in favor of the best interests of the child, so it’s worthwhile to work with your attorney to reach a parenting plan that aligns with this goal. If you and your spouse can’t agree, you may try mediation using a neutral third party to negotiate a compromise. If your plan doesn’t meet the “best interests” requirement, the judge may deny your divorce until you present a better plan.
As for property division during divorce in Texas, the law says that it should be “just and right.” This doesn’t mean 50/50, and a judge may deny your divorce if the split is unfair to one party. The aim is for both parties to exit the marriage in a similar financial situation, which may mean that one party pays alimony to the other. Another consideration is whether one spouse will need to retain the family home for the sake of stability for their children.
Taking too long to finalize your divorce could lead to denial
When it comes to legal matters, there’s almost always a deadline you need to meet. This is true for Texas divorces, and if you wait too long to take action on your divorce petition, the judge could deny it under something known as “divorce for want of prosecution” (DWOP).
If you file your papers, create a parenting plan, and divide your assets, but fail to appear in court on the date the judge assigned, the court may dismiss your divorce case. You have two options: you can request that the court retain your case by keeping it open, or you can ask the court to reinstate your divorce case by reopening it. Otherwise, you have to start over with a new case.
You can still get a divorce when your spouse refuses to cooperate
When your spouse refuses to cooperate or respond, you may still obtain a default divorce judgment. This process can move forward if your spouse does not answer within 20 days after being served. While cases involving minor children are more complex, your attorney can still help you move forward through additional hearings and documentation.
To proceed, you must file a petition asking the court for a default divorce. Your divorce attorney can prepare the necessary paperwork and make sure that all procedural steps are complete. You will likely not receive your final decree until at least 61 days have passed, as Texas law requires a 60-day waiting period after the initial filing.
Let Albin Oldner Law help in your Texas divorce case
Divorce can be complicated in Texas, and you don’t want to add to your stress by risking a denial. With help from our Frisco divorce attorneys, you can minimize issues and reach your desired outcome so you can file for divorce in Texas and move to the next chapter of your life. Contact us online to arrange a legal consultation or call us at (214) 423-5100 and get started today.
