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Attorney advice: ‘Help! My spouse is refusing to sign the paperwork. What should I do?’

Going through a divorce can be a very rough and difficult patch. Ideally, the two spouses are to amicably discuss that this is the direction of their relationship. Along with that, they will agree to sign any necessary paperwork to move their marriage towards this new direction. Unfortunately, not all proceedings will go on as such, sometimes, spouses withhold signing any paperwork.

In this situation where there are a lot of complexities involved, here’s a brief discussion on what you should do if your spouse is refusing to sign the paperwork.

Commission a divorce attorney

The first step that you should do when your spouse isn’t signing your divorce papers is to contact an attorney. Legally, you can get a divorce in Texas without an attorney. However, it can only apply to a divorce that doesn’t have a lot of complexities or a kind of divorce where both parties share the same intention for divorce to happen.

Why hire a divorce attorney?

A divorce attorney Fort Worth can do more than just provide you with legal advice on how to proceed with your divorce. Here are several legalities that you can learn from hiring a divorce attorney:

Clarifying grounds for divorce.

Each state has a different law for divorce and Texas is no different. Having a divorce attorney will provide you with all of the grounds for divorce that are covered by the Texas family code. Furthermore, they will be able to explain to you in-depth of the possible benefits if a ground is filed during the course of the dissolution of marriage. This is particularly valuable information for cases where a ground for divorce will allow you to receive spousal support.

Providing objective advice.

Divorce is probably one of the most emotionally-involved situations anyone will have to go through. With emotions running high, it’s quite easy to make emotionally-charged decisions that could possibly step on several legal boundaries. Hiring the aid of a divorce attorney will surely provide you with the necessary, unbiased, and calculated approach to move your divorce forward.

Accounting for assets acquired during the marriage.

Part of what makes divorce proceedings tricky are the assets such as a house procured over the course of the union. Attorneys will be able to help identify and account for all of the assets within the marriage with a more neutral approach.

Explaining division of properties.

On top of accounting for any form of marital assets, an attorney will also be able to provide you with a legal explanation of how your properties will be divided at the dissolution of your marriage. According to the Texas Family Code, any property acquired by either spouse during the marriage is considered a community property. Meaning, these presumed community properties should be equally divided between the spouses once they are divorced. But of course, depending on the circumstances and actual decision of the judiciary, the division of properties will still have to be determined.

Determining spousal support and other benefits.

Sometimes, even at the point of divorce, there will be spousal support that either of the spouses will be entitled to. This type of spousal support after the dissolution of marriage is called alimony. You might have heard it most often from men providing their wives with alimony, however, women are not exempt from also paying their husbands alimony. In such cases, an attorney will provide you with the most accurate information regarding the amount of spousal support or settlement that you can do in order for the divorce to be finalized.

Helping with custody plans.

For couples who have children, an attorney will be able to provide you with the best legal advice regarding custody. Because of the delicateness of custody matters, a divorce attorney can provide their services in coming up with a sensible plan that will be able to address the children’s and the parent’s needs.

Preparation with divorce documentation.

There are several legal documents that the judiciary requires in order to begin with the divorce process. Because of these documents’ legalities and the number of documents that needs to be presented, a divorce attorney can extend their services in helping you prepare all of the necessary documentation.

Settlement negotiations.

A settlement might be a wise decision to go through instead of proceeding with the full course of a divorce in courts. In case marriage dissolution can be settled with the help of negotiation outside of courts, a divorce attorney can help mediate a settlement instead. Be reminded, however, that a settlement is still not the same as divorce because it is merely a settlement. It should not be considered as an alternative to divorce because, as defined, divorce is the dissolution of a marriage. Settlement may just lessen the amount of court hearings and will help propel the divorce process faster.

Court representation.

On top of all of these, of course your divorce attorney will be able to best represent you in court for every hearing—whether it is for your marriage’s dissolution or custody or even to the hearing for your alimony. They are the best persons to fight and advocate for your rights during a divorce hearing.

Can the divorce still go through?

The short answer is yes. Should your spouse decide not to sign any of the paperwork, your divorce can still go through. If you are the petitioner you will have to put forward what is called a Petition for the Dissolution of Marriage. If this petition is ignored by the respondent, the petitioner can move forward by submitting an affidavit that all of the legal steps had been done and that the petition had been ignored by the respondent. Once these are accomplished, the judiciary will then be able to decide whether the respondent will be defaulted. This could result in an uncontested divorce. Remember, Texas is a no-fault state. This means that a judge will not need to find a fault in any spouses to grant a divorce.

Contact a divorce attorney in Fort Worth, Texas

If you’re filing for a divorce in Texas and your spouse refuses to sign any form of document for this to go through, employing the services of an attorney will be the best step you will take. Furthermore, a divorce attorney can do more than just represent you in court for your divorce proceedings. They are at your disposal for any legal matters from proper documentation even to the determination of spousal support you can receive or will have to bestow once the marriage has been finalized in divorce.

Speak to an Attorney today at the Law Office of Turner-Monahan to see how we can assist you in your divorce!

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