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When your spouse doesn’t want a divorce

On Behalf of | Dec 7, 2022 | Divorce, Family Law

Texas is a no-fault divorce state. This means that you don’t have to prove grounds to get a divorce and your spouse cannot force you to remain married. Your spouse may, however, resist getting divorced and could act in ways that make the process more stressful and expensive. Fortunately, there are things you can do to minimize the impact that a recalcitrant spouse might have.

Understand your rights

Research your rights and responsibilities in the divorce process before telling your spouse that you are ending your marriage. An angry husband or wife might try to dissuade you by telling you that you can’t divorce without their permission, you’ll lose custody of your kids or you’ll be left penniless. When you understand your rights, threats will be far less intimidating.

Move forward and stand your ground

Your spouse may be in denial that you want to get a divorce and assume that you will change your mind. It’s important to begin the process of separating your lives and finances at this time, even if your spouse refuses to acknowledge what is happening.

Here are some things you can do to reinforce your decision and show your spouse that you are going ahead with the divorce:

  • Refuse to play along with your spouse. If he or she begins to talk about future plans, such as for holiday celebrations or vacations, kindly, but firmly, note that your marriage is over and you will not be celebrating events or taking vacations together again.
  • If you are unwilling to consider reconciliation, don’t agree to marital counseling. Instead, suggest that your spouse seek counseling on his or her own.
  • Set up your own bank and credit card accounts, if you haven’t already. Avoid making major purchases during this time to avoid accusations that you have dissipated marital assets.

Develop a support network

Seek support from family and friends. You may also want to engage the services of a counselor as you struggle with emotions during the divorce. It is not unusual for friends or family members to take sides in a divorce, so be prepared for the inevitable loss of relationships and, in some cases, people thinking poorly of you.