What Happens if My Spouse Refuses To Sign Divorce Papers?

 Posted on February 27, 2026 in Divorce

Your spouse's refusal to sign divorce papers doesn't mean you are stuck. In Texas, one spouse cannot stop the other from getting a divorce. What it does mean is that your case will possibly take longer and cost more to resolve.

If you're heading into that territory in 2026, understanding how the process works in Texas can help you make smart decisions. Our Tarrant County, TX divorce lawyers are here to help you move forward, even when your spouse won't cooperate.

Can a Spouse Actually Stop a Divorce in Texas?

Texas is a no-fault divorce state, which means you don't need your spouse's permission or their signature to end the marriage. Under Texas Family Code § 6.001, a divorce can be granted simply on the grounds that the marriage has become insupportable due to conflict or discord with no reasonable expectation of reconciliation. You don't have to prove wrongdoing. You just have to follow the legal process.

Your spouse can make the process harder and slower, but they cannot permanently block it.

What Happens After You File for Divorce and Serve Your Spouse in Texas?

Once you file a divorce petition with the court, your spouse must be formally served with the papers. After they're served, they have until 10 a.m. on the first Monday after 20 days have passed to file a written response, under Texas Rules of Civil Procedure Rule 99. That deadline includes weekends and holidays.

From there, one of two things happens: Your spouse files a response, and the case becomes contested, meaning that a judge will have to step in on issues you can't agree on, or your spouse doesn't respond at all, which opens the door to a default judgment.

What Is a Default Divorce, and When Can You Get One?

A default divorce happens when your spouse is properly served but fails to respond within the required window. If that happens, you can ask the court to move forward without them. However, Texas law requires a minimum of 60 days to pass from the date the petition was filed before a judge can finalize a divorce. That 60-day waiting period applies to all Texas divorces, even uncontested ones.

At the default hearing, you'll still need to present evidence to support your requests. A judge will not simply hand you everything you ask for. They'll review the proposed property division to make sure it's fair. If children are involved, they'll apply the best interest of the child standard regardless of whether your spouse shows up.

What If Your Spouse Responds to Divorce Papers but Refuses To Agree?

If your spouse files a response and contests the divorce, the case moves into litigation. This is the more expensive and time-consuming path. Both sides exchange financial records and other documents, and a judge makes the final decisions on anything the two of you can't settle.

Texas courts divide marital property under Texas Family Code § 7.001. This law requires a just and right division. That doesn't necessarily mean a 50/50 split. The court considers factors like each spouse's earning capacity, fault in the breakup of the marriage, and the needs of any children involved.

Before a case goes to trial, the court will often require mediation so a neutral third party can help both sides try to reach an agreement. Many contested divorces in Tarrant County are resolved through mediation rather than a full trial. It's usually faster and less costly than fighting things out in a courtroom.

What Mistakes Should You Avoid When Your Spouse Won't Cooperate During Divorce?

When emotions are high and a spouse is being uncooperative, it's easy to make missteps that hurt your case. Common ones include:

• Failing to document attempts to serve your spouse properly, which can delay the entire process
• Communicating informally about divorce terms through text or email in ways that can be used against you later
• Missing court deadlines because you assumed your spouse would eventually come around
• Agreeing to informal arrangements about property or custody without getting anything in writing

Texas courts expect both parties to follow the formal process. Cutting corners can create real problems down the road.

Contact Our Dallas, TX Divorce Attorney Today

You don't need your spouse's cooperation to start the process, but having the right legal support makes a real difference in how things turn out. Attorney Michelle Poblenz brings more than 25 years of legal experience to every case, including a background as a former prosecutor with the Dallas County District Attorney's Office. That experience translates directly into knowing how to build a strong case and handle difficult opposing parties. Call Law Office of Michelle Poblenz at 469-845-3031 to schedule a consultation with our Tarrant County, TX divorce lawyer today.