Asked in Divorce for Texas

Q: If spouse refuses to give divorce

How long will it take if spouse refuses to give divorce and what is the procedure to get divorce

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1 Lawyer Answer
Jeff  Anderson
Jeff Anderson
  • Dallas, TX
  • Licensed in Texas

A: Every divorce starts with the filing of an Original Petition for Divorce. Once it is filed, the Court does not have the authority to grant your divorce for sixty days. But the 60 days is only a minimum time period. If your divorce takes longer, your lawsuit will not be dismissed. After the Petition is filed, several things can happen, though they don't always have to happen. There can be temporary orders, discovery, mediation, arbitration, and eventually trial.

If your spouse does not want the divorce, then he or she may try to convince the Court that there is a reasonable expectation of reconciliation. The likelihood of that happening is very remote and as a practical matter, if one party wants a divorce, they will get it. Without any agreement from your spouse, you will eventually have to set your case for trial and let the Judge grant your divorce.

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