Texas family courts are not obligated to grant a divorce to every couple who appears before them. Not only can a court decide not to complete the divorce process, the court may be legally obligated to deny it.
Many Texas residents wonder what happens if divorce is not granted. Here is what you need to know about this challenging situation and what you can do if your request for a divorce is denied.
3 Reasons Why a Texas Court Might Not Grant a Divorce
What happens if divorce is not granted depends on why the court declines to grant the divorce in the first place. The good news is that in almost every case, the denial of a divorce is not a firm and unwavering “no,” but rather a temporary “not yet.”
Understanding the reasons why the court did not grant your divorce can tell you what the court needs to see before a judge is ready to grant the divorce petition.
There are at least three reasons why a Texas court might not grant a divorce. Let’s take a look at the following common reasons.
1. Procedural Grounds
If you or your spouse did not meet the requirements to file for divorce, the court will not have the power to grant the divorce.
For example, if neither you nor your spouse has lived in Texas for at least the previous six months, the court does not have the power to grant your divorce.
For actual residents of Texas, a common procedural issue is that one party was not properly notified about the divorce or is refusing to sign divorce papers. Failing to complete this step in the Texas divorce process could result in a judge not acknowledging your divorce request.
2. Unresolved Issues in the Divorce
Before a court will enter a final divorce decree, all outstanding issues in the case must be resolved by a court order or by an agreement between you and your spouse.
Suppose that you and your spouse have children together, but you try to complete the divorce without first having agreed on child support or child custody arrangements. The court will not grant your divorce without this issue being resolved.
3. Lack of Evidence
Whether you are pursuing a no-fault divorce or a fault-based divorce, you will need to provide strong evidence supporting your reasons for divorce.
When formally requesting a divorce in Texas, the petitioner will need to allege one or more reasons why the court should grant the divorce. The petitioner must have evidence to support the grounds for requesting the divorce. Otherwise, the court may decide not to grant the divorce.
What Happens if Divorce is Not Granted and is Denied
If the court denies you a divorce, it is important to understand the reason(s) behind the denial to determine your available options.
Next, you will need to know whether your divorce case is dismissed and must be refiled, or if the case is merely continued. If it is continued, you simply have to address the court’s concerns and provide proof that you have done so before reapproaching the court for a divorce decree stating the terms of the divorce.
On the other hand, if the case is dismissed, you will need to restart the whole divorce process from the beginning.
Remember that one of the significant consequences of a denied divorce is that you and your spouse are still legally married. You are not able to remarry, and any property you acquire in the time between the denial of your divorce and the court’s subsequent granting of your divorce petition would be considered community property.
A Skilled Divorce Lawyer Can Guide Your Next Steps
The best way to ensure your divorce case will be handled competently and progress as efficiently as possible is to turn to a seasoned divorce attorney.
Receiving expert legal assistance from qualified Texas divorce lawyers can help your divorce case move forward without any unnecessary delays.
If live in Fort Bend County, Brazoria County, Galveston County, or Matagorda County, and your divorce was denied, talk to our family law firm about your next steps.
The knowledgeable team at Parker & Aguilar can review the ruling from the judge and accurately determine the best approach going forward.
You can reach our offices at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to speak with one of our attorneys about what happens if divorce is not granted in your case. We are prepared to help you throughout the divorce process.