No. In Texas, one spouse can move forward with a divorce even if the other does not agree. That often surprises people, especially when the split was not mutual. Texas law allows a divorce to proceed based on one spouse’s decision alone, as long as the legal process is followed.
That does not mean the other spouse has no say. While you cannot usually stop the divorce itself, you can participate in decisions about property division, child custody, child support, and the final terms of the divorce. How you respond, and how quickly you do so, matters, and a Frisco family and divorce lawyer can help you navigate these steps.
What makes divorce possible without mutual agreement?
Texas is a no-fault divorce state. This means a spouse can file a petition for divorce by stating that the marriage is no longer workable, without proving wrongdoing by the other spouse.
Once the petition is filed and properly served, the case can move forward, whether or not both spouses agree to end the marriage. If the responding spouse does nothing, the court may eventually proceed without them and enter a default judgment after the required deadlines and waiting periods are met.
This is one reason speaking with a Frisco family and divorce lawyer early can be important. Understanding how the process works helps you avoid losing your voice simply because you did not respond in time.
What happens if you do not agree with the terms of the divorce?
Disagreeing with the divorce itself is different from disagreeing with its terms. You may accept that the marriage is ending, but strongly disagree about property division, custody arrangements, or financial support.
In that situation, the divorce becomes contested. A contested divorce does not mean the court decides whether the marriage should end. It means the court decides how it ends if the spouses cannot reach an agreement.
Filing a timely answer allows you to present your position and request your own relief, rather than letting the court rely solely on your spouse’s proposed terms.
Does a contested divorce mean the case goes to trial?
Not always. Many contested divorces are resolved through negotiation or mediation before trial. The disagreement simply means there are unresolved issues that require discussion, evidence, and sometimes court involvement.
An uncontested divorce happens when both spouses agree on all major issues, including division of property, child custody, child support, and the wording of the final decree of divorce. A contested divorce exists when one or more of those issues remain disputed.
Even in contested cases, courts encourage resolution where possible. Trial is usually the last step, not the starting point.
Can a spouse stop a divorce once it has started?
In most cases, no. Once a divorce is filed and the responding spouse has participated by filing an answer, the case generally continues unless the court dismisses it.
Texas procedural rules allow the spouse who filed the case to dismiss it in certain circumstances, but that option can disappear once the other spouse asserts their own claims. At that point, the court may move forward even if one spouse changes their mind.
This distinction is often misunderstood, which is why legal guidance early in the process can help avoid confusion and missteps.
What role does the waiting period play?
Texas law requires a 60-day waiting period from the date the petition for divorce is filed before the divorce can be finalized. This waiting period applies even if both spouses agree to the divorce terms.
There are limited exceptions, including certain cases involving family violence, where a court may shorten or waive the waiting period. Outside of those situations, the waiting period gives the court time to ensure issues like child custody and property division are handled properly.
What if children or significant property are involved?
When children are involved, the court focuses on custody, visitation, and child support based on the child’s best interests. When significant assets are involved, including a family home or retirement accounts, the court applies Texas community property rules to divide property fairly.
Disagreements in these areas often drive whether a divorce is contested. Even when spouses agree on ending the marriage, these issues can require careful negotiation or court guidance.
Getting clarity when divorce is not mutual
Facing a divorce you did not ask for can feel destabilizing. While Texas law does not require both parties to agree to divorce, it does provide a framework that allows each spouse to be heard.
Albin Oldner Law attorneys work with people across all of North Texas who are navigating contested and uncontested divorces, helping them understand their rights and respond strategically.
If you have questions about whether both parties must agree to divorce in Texas or how to protect your interests in the process, you can contact Albin Oldner Law at (214) 423-5100 to discuss your situation.
