Divorce can be a difficult and emotionally charged process for everyone involved. In Texas, as in many other states, the decision to divorce is ultimately up to the individual seeking the divorce. However, there are certain situations in which a spouse may be able to prevent or delay the divorce process.
One of the most common ways a spouse can prevent a divorce in Texas is by filing a counter-petition for divorce. This is essentially a response to the initial petition for divorce, in which the responding spouse agrees to the divorce but may ask for certain conditions or changes to be made. For example, the responding spouse may ask for joint custody of the children or a greater share of the marital assets. By filing a counter-petition, the responding spouse is essentially acknowledging the divorce but trying to negotiate a more favorable outcome.
Another way a spouse may be able to prevent or delay a divorce in Texas is by raising legal issues or defenses. For example, a spouse may claim that the divorce should be delayed because the couple has not been separated for the required time period, or that the divorce should be denied altogether because of fraud or misrepresentation. These types of legal issues can often be complex and may require the assistance of an attorney to navigate.
Additionally, in Texas, the couple needs to live separate and apart for at least 60 days before one can file for divorce. If one of the spouse does not want the divorce, they can refuse to live separately, making it difficult for the other spouse to file for divorce.
However, it’s important to note that while a spouse may be able to prevent or delay the divorce process, they cannot force the other spouse to stay in the marriage if they do not want to. Ultimately, the decision to divorce is up to the individual seeking the divorce, and a spouse may only be able to influence the terms of the divorce, not prevent it altogether.
Additionally, if a spouse has been physically or emotionally abusive, the other spouse can file for a divorce immediately without the 60 days waiting period mentioned earlier.
Overall, while a spouse may be able to prevent or delay a divorce in Texas, the decision to divorce ultimately lies with the individual seeking the divorce. If you are facing a divorce and have concerns about the process or the outcome, it is important to seek the advice of an experienced attorney who can help you understand your rights and options.