When couples get married, they don’t think about breaking up and terminating their marriage. Yet once it comes to it, they face a lot of hustle and rarely understand how they should do things to get the result they want. To save you from unnecessary expenditures and avoid tensions with your spouse, this post was created. Here, you’ll find out the answer to the key question of divorce: do both parties have to agree to a divorce? How to get a divorce if you have to contest anything? Let’s get started.
Divorce stages where you need your spouse’s participation
Below, we outlined the main steps that you can’t take during an uncontested divorce without your partner taking action.
Signing divorce papers
Once you decide that you want to get a divorce, you’ll have to collect certain papers and register them in the clerk’s office. Filling out Texas divorce forms is relatively easy, while getting your future ex to sign them upon the delivery may be tough. In case you couldn’t find an agreement before starting the process, your spouse may refuse to sign the paper acknowledging that they received them causing delays in your divorce.
Can you get a divorce without the other person signing the petition?
If you have the discrepancies that don’t imply uncontested divorce, you can always opt for getting a divorce through a trial. In this case, you have to be ready for extra expenses like lawyers’ service, long-term process (since divorce trials can go on until parties express all their disagreements, facts to support their claims, and demands that they want to fulfill), and the unexpected result. Contested divorces are rarely resolved the way you want them since a judge has to take a lot of factors into account, so the decision that is made has to meet the needs of the kids and be fair to both ex-spouses.
Constructing a settlement agreement
Another step you can’t get done without the consent of your partner is writing the settlement agreement. This document is a prerequisite to a simple divorce that can be finalized within weeks or a few months. Its content describes the vision of a divorcing couple and how they will live their lives and fulfill their responsibilities towards each other and their kids once they are legally separated. Without it, a judge has to do it on their own. Therefore, if you want to get a divorce fast and easy, you have to agree with your partner on the key issues of your lives, write them down, and pass it on to the judge to check and approve.
Is ignoring spouse during divorce an obstacle to an uncontested divorce?
Yes, it is. As you’ve understood from the previous paragraph, you can’t disregard your partner’s opinion if you want to get a divorce without prolongation and fighting in court. Find the effective tips on how to cooperate with your future ex during the process to finish it fast:
> Be open. To reach any kind of agreement during a divorce, you have to be ready to talk openly about every issue that disturbs you. Also, you should be ready to listen to your partner to find a common language;
> Be consistent. If you want to get sole custody over your kids, you have to take the steps like demonstrating the ability to take care of them on the needed level, proving your financial matters are fine, and collecting the facts showing why your partner can’t be a primary custodian for them. In this case, you shouldn’t step down from your way and change your mind once you see that your partner is not ready to give up sole custody to you. However, you also have to remember that standing your ground on certain issues may take you to the trial rather than uncontested divorce;
> Don’t agree with the conditions of the first draft. If you have reached an overall agreement with your spouse but something is still bothering you, it’s better to make it clear right away. There’s no reason for procrastinating and thinking that issues will resolve themselves without your actions. Divorce is an active process that you should participate in rather than watching how it goes;
> Consult your lawyer if needed. Finally, if you’re in doubt regarding any issue or formulation offered by your spouse, don’t try to guess what it means. Just ask your attorney to make it clear for you. The legal language can seem hard to understand but you should know to whom to address your questions.
As you can see, getting a divorce without an agreement is possible; however, if you’re looking for a quick marriage dissolution with the least expenses, you should find a way to compromise with your partner. Uncontested divorces can be granted only upon the signing of a settlement agreement.
