Can my husband divorce me without my consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband divorce me without my consent?
Asked on January 9, 2013 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, your husband can divorce you without your consesnt. A person cannot legally be forced to stay married. In the majority of states, in a situation such as yours, the spouse filing for divorce (the" petitioning spouse") can obtain a "divorce by default". As long as a valid summons and complaint has been filed with the court and the non-filing spouse (the "respondent") has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the complaint within a specified time (generally 30-60 days). After that period, the respondent will be considered to have "defaulted". Consequently, the petitioner can then file their final paperwork and appear before who will then make their ruling solely on the petitioner's written/oral testimony. A divorce is then typically granted on the terms that the petitioner asked for. Note: As a general rule, the repondent has a certain period of time to appeal; after that period has run the court's ruling becomes final. At this point, you should consult directly with a divorce attorney in your area to find our your rights under specific state law regarding your own personal situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.