What If the Respondent Refuses to Sign the Divorce Papers in Dallas County, Texas?

By Marcy Brinkley

If you filed for divorce in Texas but the other party refuses to sign the final decree of divorce, you may set the case for trial and ask the judge to make decisions about the property division, custody of the children, child support and other issues. Refusing to sign the papers will not stop the finalization of the divorce, but the procedure becomes more difficult than an uncontested divorce situation. Dallas County's local rules describe the manner of setting a hearing and finalizing such a divorce.

Legal Effect

In an uncontested divorce case, both parties sign a final decree of divorce that addresses all of the issues of the case including child support, conservatorship and property division. After the 60-day waiting period, one party appears at a brief hearing to finalize the divorce and ask the judge to sign the decree. If the respondent refuses to sign the decree, you will need to set a hearing and present evidence to the judge so that she can decide the terms of the divorce. Under no circumstances, however, will the other party be able to prevent the divorce from occurring at all.

Applicable Law and Local Rules

The Texas Family Code sets out laws regarding marriage, divorce, property division and parent-child relationships that apply to divorces throughout the state. Most counties also expect parties to follow local rules that apply only to the procedures of the courts in that jurisdiction. Dallas County, for example, publishes local rules for the family law courts that describe the procedures for setting hearings, courtroom conduct, pretrial conferences and other issues that arise frequently. When you file for divorce in Dallas County, you and your spouse are also subject to a set of standard temporary orders regarding the children, marital property and conduct of the parties while the divorce is pending.

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Setting a Final Hearing

If the parties cannot reach an agreement and the respondent refuses to sign the decree, the case is considered a contested divorce and the issues must be resolved at a trial where both parties present evidence to the judge. Either party may set a final hearing on the merits by contacting the clerk/administrator of the court. When you set the case for hearing, you must notify the other party in writing of the date and time within two business days of obtaining the setting Prior to the final hearing, you should conduct discovery to obtain information about the other party's assets, arrange for witnesses to appear and prepare a final decree of divorce. On the day of the final hearing, present your evidence, respond to the other party's case and ask the judge to sign your decree.

Default Divorce

In some situations, the judge will grant a divorce even if the other party refuses to participate in the final hearing. You must show that you served the other party with notice of the suit, he is not on active duty in the military, your proposed final decree of divorce divides the property fairly and equitably, and the provisions for the children are in their best interests. You will be asked to present evidence to assist the judge in making her decision and to provide her with a written final decree of divorce to sign. If the other party is in the military, the court will appoint a lawyer to represent him in the proceedings if necessary.

Mediation

If the other party refuses to sign the decree because he does not agree with one or more of its provisions, you may try to re-negotiate with him. If the other party agrees, you may also try mediation, a form of alternative dispute resolution that involves discussing your situation with the help of a neutral third party. If you reach an agreement on the issues, you may proceed with the case as an uncontested divorce. Even if the other party refuses to mediate, you may ask the judge to order him to attend.

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Reasons Why a Divorce Can Be Postponed in Texas

References

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Steps to Filing for Divorce in Pierce County, Washington

The state of Washington permits you to obtain a divorce if you or your spouse is a resident of the state. State law governs divorce cases, although each county court has its own rules regarding legal filings and fee schedule. In Pierce County, as in other Washington counties, the process begins with the filing of a Petition for Dissolution of Marriage.

Procedures for Divorce by Mutual Consent

The quickest and easiest divorce is a divorce where both parties agree to everything before ever setting foot inside a courtroom, i.e. a divorce by mutual consent. When there is nothing to fight about, the court only needs to sign off on the agreement the parties already made regarding property division, spousal and child support, and child visitation.

Does the Plaintiff Have to Show Up in a Divorce?

State laws regarding divorce often differ significantly. Further, rules on who must attend hearings vary based on the nature of the individual case. In some jurisdictions, the plaintiff, or party who is filing for divorce, does not need to attend the final hearing provided the couple agrees on the terms of the divorce. In other states, the plaintiff must attend but not his or her spouse. In some cases, both spouses must attend the final hearing.

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