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Defenses spouses can use against a divorce filing

Divorce is not always something both spouses agree upon. Just because one spouse wants to end the marriage doesn't necessarily mean the other spouse feels the same. If one spouse has chosen to file for divorce, the spouse not wanting to end the marriage could create a problem because they may try to fight the filing. However, they are only allowed to use certain defenses when trying to stop the divorce proceedings and stay married to their spouse.

In the state of Texas, when a person does not want to divorce their spouse, they can use one of the following defenses to a divorce being filed:

  • Defense of adultery is abolished.
  • Defense of recrimination is abolished.
  • Expectation of reconciliation.

It is not always guaranteed that the courts will agree with the spouse who doesn't want to end the marriage. With there needing to be certain things to happen for the courts to not grant a divorce, things could go either way. For example, if one spouse honestly believes there is a chance of the couple reconciling, this will need to be proven to the courts. This may be difficult to prove, especially if the spouse who filed is adamant about their decision. If the courts decide in their favor, the divorce will be granted, and each spouse can go their separate ways.

If you are considering divorcing your spouse, contacting an attorney would be a good idea. You never know how they may respond to you filing, so you want to be prepared in case they choose to fight your decision to end the marriage. Regardless of how your spouse feels, you have chosen to divorce, and you may need an attorney to assist you with the process.

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