(361) 289-6040
Divorce is not always simple. In Texas, the law allows people to end a marriage if it is broken. Most of the time, that is enough. But there are rare times when a judge says no. It does not happen often, but it can. Knowing why a divorce might be denied in Texas can help avoid trouble before it starts.
One of the main reasons a divorce can be denied is failure to meet the residency requirement. Texas law says that at least one person in the marriage must have lived in the state for six months. That same person must also have lived in the county where the divorce is filed for at least ninety days. If that rule is not met, the court has no power to hear the case. It will get tossed out.
Another reason for denial is missing or incorrect paperwork. Divorce takes more than just saying the marriage is over. It takes documents. They must be filed the right way. They must be served to the other person. If papers are missing, or if one side never gets notified, the court cannot move forward. The process has rules. If the rules are not followed, the court will stop the case.
Divorce in Texas also requires that the marriage be irretrievably broken. That means there is no chance of fixing it. The court does not need blame. No need to prove cheating or cruelty. Just a clear message that the marriage is over. But if one person denies that the marriage is broken, and if there is no proof of fault, the court might pause the case. The judge might order counseling. The court may delay the divorce to give time to try again. That is not common, but it can happen.
Some people think a spouse can block a divorce by refusing to sign papers. That is not true. Texas does not need both sides to agree. One person saying the marriage is over is enough. But if that person does not show up to court or does not push the case forward, the court may deny the divorce for lack of action. A case can sit too long and be dismissed. That is called failure to prosecute.
There are also cases where a judge might deny part of the divorce, like a request for property or custody. If the court thinks something is unfair or unsafe, it can reject that part. For example, if a parent wants full custody but has no home or income, the court might say no. If someone asks to keep everything and give nothing to the other side, the judge might push back. Texas law wants fair results. The court steps in when things look one-sided.
Divorce can also be denied if the couple is not legally married. That may sound strange, but it happens. Some people file for divorce after a common law marriage. But if they cannot prove they lived together, called each other husband and wife, or told others they were married, the court might say the marriage never existed. No marriage means no divorce.
A Court Saying No Does Not Mean It Is Over
A denied divorce is not the end. It just means something is missing. It could be paperwork. It could be timing. It could be the way the case was filed. Most of these problems can be fixed. The key is knowing what went wrong and taking the right steps.
The Law Is Clear. The Process Can Be Tricky.
Divorce in Texas follows clear rules. But life is not always clear. Emotions get in the way. So does paperwork. A small mistake can turn into a big delay. A denied divorce does not mean a person is stuck. It means the case needs another look.
Call Bourlon Law Firm Today
If the court denied a divorce, there is still a way forward. At Bourlon Law Firm, we help clean up the mess and get things back on track. Whether it is missing forms, a residency problem, or a dispute over children or property, we are ready to help. Call (361) 289-6040 find answers and get started. No one should be stuck in a broken marriage. Let us help open the next chapter.