Is a One-Sided Divorce Possible in Texas?

Executive Summary

A common concern we hear from couples in Austin is that their divorce cannot move forward, because their spouse refuses to cooperate or sign divorce papers. The truth is that the law does allow a one-sided divorce in Texas, so you are not stuck simply because your spouse is unresponsive. While an uncontested divorce in Texas is usually the easiest and quickest option, it is not the only path. A divorce without spouse consent is still completely possible. This guide explains how one-sided divorces work in Texas, how Austin families can navigate the process, and what to expect whether your situation stays uncontested or becomes contested.

What Is a One-Sided Divorce in Texas?

A one-sided divorce in Texas occurs when one spouse begins the divorce process and the other spouse chooses not to participate. Couples in Austin can find themselves in this situation when communication has broken down or when one spouse ignores the process entirely. Texas is a no fault divorce state, which means nobody has to prove wrongdoing in order to end a marriage. This makes it easier for Austin couples to pursue a divorce without spouse consent, even when the other spouse is unwilling to move forward.

One-Sided Divorce in Texas Vs. An Uncontested Divorce in Texas

Understanding how one-sided divorce in Texas and uncontested divorce in Texas compare can help you choose the approach that fits your situation.

Uncontested Divorce in Texas

An uncontested divorce in Texas happens when both spouses agree on all major terms. These include property division, child custody, child support, and any financial arrangements. Many Austin couples choose this path because it is faster, less expensive, and more predictable.

One-Sided Divorce in Texas

A one-sided divorce in Texas becomes necessary when one spouse refuses to cooperate, refuses to sign anything, or refuses to respond. Austin couples often rely on this option when the other spouse is missing, avoiding contact, or intentionally delaying the process. A divorce without spouse consent can still move forward as long as the filing spouse follows Texas legal requirements.

How Austin Couples Can Get a Divorce Without Spouse Consent

If someone in Austin needs a divorce without spouse consent, the process typically involves the following steps.

1. Filing the Petition

The filing spouse begins the one-sided divorce in Texas by submitting a petition to the court. One of the spouses must live in Texas for 6 months prior to filing the petition in order to file for divorce in Texas. Austin residents generally file in Travis County or another nearby county where at least one spouse has lived for at least 90 days. 

2. Serving the Spouse

Texas requires formal service before a divorce without spouse consent can proceed. This step is usually handled by a constable, sheriff, or private process server. When a spouse cannot be reached or is actively avoiding service, the court may authorize substituted service, posting, or publication. A spouse may also voluntarily waive formal service by signing a notarized waiver, which can simplify the process.

3. Waiting for a Response

A spouse has a set period of time to respond. If they do nothing, the case may proceed as a one-sided or default divorce in Texas. The lack of participation does not stop the divorce.

4. Requesting a Default Judgment

If the spouse does not respond, the filing spouse can request a default judgment. This allows the Austin court to finalize the case without the other spouse’s involvement. This is a common pathway for a divorce without spousal consent.

5. Final Hearing and Decree

Even in a one-sided or default divorce in Texas, a judge must review the proposed terms. The Austin court will ensure property division, custody, and financial matters comply with Texas law. Once approved, the judge signs the Final Decree of Divorce.

What If You Cannot Locate Your Spouse in Austin?

What happens if your spouse is missing? If you make reasonable efforts to locate your spouse but still cannot find them, the court can allow what is called “service by publication.” This means a notice about the divorce is published in an approved location instead of being handed directly to your spouse. Once that notice is published, the case can move forward as a divorce without spouse consent. This approach is often used in one-sided divorce in Texas cases where a spouse has disappeared or is impossible to contact. Also, if you know your spouse’s email address, the courts will sometimes allow substituted service via email as well.

How Long Does a One-Sided Divorce in Texas Take?

All divorces, including an uncontested divorce in Texas and a one-sided divorce in Texas must observe a mandatory 60-day waiting period from the date of filing the petition for divorce. From there, the timeline depends on:

• Whether your spouse responds
• Whether they fight the terms
• Whether property or custody is involved

An uncontested divorce in Texas may be completed fairly soon following the completion of the waiting period. A divorce without spouse consent often takes longer but can still be completed without your spouse’s involvement.

Common Challenges in a One-Sided Divorce in Texas

While a one-sided divorce in Texas is legally allowed, the process can include challenges such as:

• Locating your spouse
• Proving proper service
• Securing orders for children or property
• Addressing disagreements without the spouse present

This is why many people choose to work with an experienced Austin divorce attorney who understands both uncontested divorce in Texas and contested or default situations.

Do You Need a Lawyer for a Divorce Without Spouse Consent in Austin?

Texas does not require an attorney to get divorced, but most people find that legal support is extremely helpful. A well-qualified Austin divorce attorney can help individuals correctly serve their spouse, prepare accurate documents, present evidence to the court, and avoid unnecessary delays. This is especially important in a one-sided divorce in Texas, because mistakes can cause the case to be dismissed. An Austin divorce attorney can also help with an uncontested divorce in Texas, which often remains the fastest and most cost-effective option.

Facing a One-Sided Divorce in Texas? Deyerle Silva Smith, PLLC Can Help.

If you are in Austin and your spouse is not cooperating, ignoring paperwork, or cannot be located, you still have options. At Deyerle Silva Smith, PLLC, our experienced divorce and family law attorneys can help Austin couples with both an uncontested divorce in Texas and a divorce without spouse consent. We guide you through every step to protect your rights and help you move forward with confidence. Contact our team today to schedule a consultation.