Legal Question in Family Law in Texas
divorce
In the state of Texas can a divorce be finalized even though one party does not agree to sign the divorce decree?
2 Answers from Attorneys
Re: divorce
Yes. The divorce will be granted based upon one party filing the petition. Only one of the parties needs to show up in court for the final prove-up.
With respect to the division of property and child custody/support, if the parties don't agree the court will make the decisions.
If one party does not participate at all, the other party will most likely get whatever they ask for in the petition by default.
Re: divorce
This is one of those "it depends" questions. It the other party has been formally served or has filed an answer you can eventually go to trial and,if both parties show up present your evidence and let the judge decide the terms or, if only you show up get what you want in a default. If the other side has not formally been served or filed an answer then you probably can't. There are lots of other variables that can dictate yes or no depending on where you are in the actual divorce process. This does not sound like a simple uncontested divorce. You NEED an attorney. I urge you to get one immediately!