Can a Judge Deny a Divorce in Texas?
If you’re seeking a divorce in Texas, understanding the proper procedures is crucial for preventing issues that could delay the process. But can a judge deny a divorce in Texas outright? This doesn’t happen often, but there are circumstances in which you may find your petition temporarily denied or delayed. An Texas attorney with experience handling high-net-worth divorce cases can help you avoid issues that may lead to an extended divorce process.
Divorce Denial Is Rare in Texas
A judge denying a divorce outright is a rare occurrence in Texas. However, it can happen, typically due to procedural errors in filing the divorce petition. This is why it’s essential to work with an experienced attorney when seeking a divorce rather than trying to go through the process on your own.
Lawyers know the legal system inside and out, including the forms that must be completed, the deadlines for filing, and even how certain judges like to run their courtrooms. To prevent your case from being dismissed outright or from having specific terms of your divorce rejected, working with a lawyer is your best option.
Procedural Reasons Your Divorce Case Could Be Dismissed
Several procedural errors could result in a judge dismissing your divorce case. These errors include not meeting the residency or jurisdiction requirements, failing to follow up with your petition within the allotted timeframe, improperly filing your paperwork, and failing to serve your spouse through the proper means.
Residency and Jurisdiction Requirements Not Met
Texas divorce cases must be filed within the district court of the county where at least one party has lived for the past 90 days. Additionally, that party must have lived in Texas for at least six months.
In most cases, the residency and jurisdiction requirements do not pose issues for those seeking a divorce. However, if you recently moved to Texas or to another county, you may have to wait to file until you meet the requirements.
Dismissal for Want of Prosecution (DWOP)
A dismissal for want of prosecution occurs when the individual who filed the petition for divorce doesn’t follow up with the rest of their case. For example, a judge may dismiss the case if the petitioner doesn’t appear in court for a hearing related to the case.
When you hire an attorney to handle your divorce case, they will make sure you are present at all hearings and meet all deadlines so your case does not get dismissed.
Incomplete or Improperly Filed Paperwork
Failing to complete or properly file the paperwork for your divorce petition is one of the simplest issues to avoid simply by working with an experienced lawyer. Individuals who try to file for divorce on their own often don’t know what paperwork they need to submit, how to properly fill it out, or where to file it with the court.
If your paperwork isn’t filed properly, the court may dismiss your case immediately. While you can still refile, having your case dismissed for such a simple reason is a waste of your time and money.
Failure to Serve Your Spouse Properly
Serving your spouse with the divorce papers is a crucial part of any valid divorce case. In Texas, only authorized individuals can serve someone with legal documents, including a constable or sheriff.
Simply telling your spouse that you’re filing for divorce is not enough. You must have them officially served with the legal documents or the judge will likely dismiss your case.
When Judges Can Delay or Reject Specific Terms (Not the Divorce Itself)
In some cases, the judge may delay finalizing your divorce or reject specific terms of your divorce agreement. This does not immediately result in your case being dismissed. However, if you fail to remedy the issues that caused the delay or rejection, that could result in the judge taking more extreme measures.
Common causes for delays and term rejections include unresolved child custody and support issues, disputes over the division of marital property, and the mandatory waiting period between filing for divorce and having it finalized.
Unresolved Child Custody and Support Issues
If you have minor children, you must resolve all child custody and support issues before the judge can finalize your divorce. This involves determining the physical and legal custody of your child, establishing whether either parent will owe child support and how much they will owe, and creating a shared parenting plan.
While judges can rule on these issues if necessary, they will often order couples to undergo mediation or arbitration to resolve them before the court has to decide.
Disputed Property Division Without Agreement
If you have any unresolved property division disputes, the judge will also likely order you to undergo mediation or arbitration to resolve them before issuing a final judgment in your case.
Property division disputes can pose significant challenges for high-net-worth couples seeking a divorce. This is not only because of the number and size of their assets, but also because their assets can be hard to divide, such as if the spouses each have a stake in a business that they co-own.
Cooling-Off Period and Mandatory Waiting Period Requirements
In Texas, there is a mandatory waiting period, sometimes referred to as a cooling-off period, between when a party files for divorce and when the judge can finalize the divorce. In most cases, this waiting period is 60 days. However, in cases of domestic violence, the judge may waive the waiting period and allow the divorce to proceed more quickly.
Contact Balekian Hayes, PLLC, Today
If you’re seeking a divorce as a high-net-worth individual in Texas, you need a lawyer who understands the unique challenges you face. At Balekian Hayes, PLLC, we know the stakes are higher for high-net-worth individuals and that divorces can be more complex when significant assets are involved.
Contact our firm today to speak with an experienced Texas family law attorney about your case. We’ll help you understand the divorce process and the hurdles you may have to overcome when seeking an outcome that’s in your best interest.