Can You Get Divorce Without Your Spouse Signature in Texas? Here’s How

Can you get divorce without your spouse signature? Yes. In Texas, one spouse can end the marriage without the other’s signature. After filing and proper service, the court can finalize by default if the other spouse doesn’t respond, or after a hearing if issues are contested. A judge still decides property, conservatorship, and support under Texas law, per statute.

Key Facts at a Glance

• Texas is a no-fault divorce state; consent isn’t required.
• You must serve your spouse unless they sign a waiver of service.
• If your spouse doesn’t answer by the deadline—usually 10:00 a.m. on the first Monday after 20 days from service—the court may grant a default divorce.
• A 60-day waiting period applies in most cases (family–violence exceptions exist).
• Judges must divide community property in a “just and right” manner.
• Child orders follow the “best interest of the child” standard.
• Mediated Settlement Agreements (MSAs) can be binding if statutory rules are met.
• You may ask the court to render judgment on a signed MSA even if your spouse won’t sign the decree.
• Missed deadlines can lead to default; there are limited ways to set it aside.
• Local standing orders and DFW court rules apply and affect scheduling and mediation expectations.

Texas Divorce Basics — One Person Can End a Marriage

In Texas, one spouse may obtain a divorce without the other spouse’s signature. Most cases are filed under “insupportability” (no-fault), which means the marriage can’t continue because of conflict that cannot be fixed.

To start, one spouse files a divorce petition, formally called an Original Petition for Divorce, where residency rules are met. For North Texas filers, that is usually Dallas, Collin, Denton, or Tarrant County (at least six months in Texas and 90 days in the county).

There is a 60-day waiting period from filing to final decree, unless a family-violence exception applies. After filing, you must serve your spouse with the papers unless they sign a waiver of service. The respondent can file an “answer.” If no answer is filed by the deadline, the divorce process continues and the divorce case may move forward by default.

Do I need my spouse’s permission to file?

No. Permission isn’t required. Insupportability lets one spouse file and move the case forward even if the other spouse disagrees.

Can a spouse stop a divorce in Texas?

No. A spouse can contest issues (property, conservatorship, spousal support), but cannot block the divorce itself. Even if only one party is willing to cooperate, the case still moves toward settlement or trial.

How long do I have to live here to file?

At least six months in Texas and 90 days in the county where you file. DFW courts (Dallas, Collin, Denton, Tarrant) apply these rules and issue local standing orders that affect your case.

When a Spouse Won’t Sign — Paths That Still Work

Refusal to sign does not halt a Texas divorce. If a party refuses to sign divorce papers, the court can still proceed with the divorce suit through appropriate legal proceedings.

Default route.

If your spouse is properly served and doesn’t answer by the deadline (the “Monday after 20 days” rule), you may request a default prove-up. The court may grant a default judgment even if the other party never responds or refuses to sign divorce papers. You’ll testify briefly, present a proposed decree, and the judge may sign it if the evidence supports a fair outcome under Texas law.

Related Guide: How Long Does It Take for a Default Divorce in Texas?

Contested route.

If your spouse answers and disputes terms, the case moves through temporary orders, discovery, mediation, and (if needed) trial. Even if one party refuses to sign divorce papers, the proceedings still move forward and the judge will decide the terms. Judges decide property divisions under the “just and right” standard and child orders by best interest. DFW courts commonly require mediation before trial, which can shorten timelines.

MSA route.

If you reach a settlement in mediation and execute a compliant MSA, the statute makes it binding and the court must render judgment on it with limited exceptions (especially child-safety concerns). Likewise, if a spouse’s signature is missing from the final decree but the MSA is valid, the court can still enter judgment based on the MSA, even if your wife or husband refuses to sign the decree. If the other spouse balks at signing the decree that mirrors the MSA, you can move for entry of judgment per the MSA.

Rule 11 agreements.

Written, signed Rule 11 agreements can narrow issues, but they are not as ironclad as an MSA and may require further proof or a hearing to enforce.

Table: Paths to Finish a Texas Divorce Without the Other Signature

For those needing more information on the paperwork involved, see How to Get Divorce Papers in Texas Step by Step.

What if my spouse evades service?

Ask the court for alternative service (for example, posting, email, or social media) after showing due diligence. The judge must authorize it by order.

Can the judge sign without both signatures?

Yes. The judge signs the divorce decree to reflect the court’s judgment or an enforceable MSA. A spouse’s refusal to provide their signature does not block entry of the divorce decree. In Texas, if proper legal notice has been given and all requirements are met, the judge can finalize the divorce even without the other spouse’s signature.

Step-by-Step: Divorce Without the Other Spouse’s Signature (How-To)

Follow the process. The judge’s signature is the one that matters.

Divorce Process Steps

• 1. File your Original Divorce Petition in the proper DFW county (Dallas, Collin, Denton, or Tarrant). This starts the divorce process and is required even if your spouse refuses to sign.
• 2. Serve your spouse (or obtain a valid waiver of service). You may need to pay court filing fees at this stage; paying these fees is required to move forward.
• 3. Wait 60 days, unless a statutory family-violence exception applies.
• 4. If no answer: request a default prove-up and present a proposed decree.
• 5. If contested: seek temporary orders, conduct discovery, mediate, and set trial if needed.
• 6. If you have an MSA: file a motion to render or enter judgment per the MSA.
• 7. Finalize: present a decree that matches the judgment; the judge signs the Final Decree of Divorce.

Note: Always follow the Texas Rules of Civil Procedure for all filings and deadlines.

Missing deadlines or not participating in the process can have serious consequences, such as the court making decisions about property division, custody, or support without your input.

Personal Experience from Attorney Christopher Migliaccio

Recently, we met with a Dallas County parent whose spouse refused to sign any divorce papers. They were facing stalled talks and rising tension. Having a lawyer involved can make all the difference in these situations—especially when a spouse refuses to cooperate or sign. As we talked through legal options, we saw the key issue was control—one spouse believed refusing to sign could stop the case. That experience reminded us why valid service and mediation matter so much.

We worked together to perfect service, prepare a default prove-up, and schedule mediation in case the other spouse appeared. The issues involved in this case required careful legal strategy to protect our client’s rights and ensure a fair process. What struck us most was how a clear plan steadied our client. Over nearly 20 years serving North Texas families, we’ve seen that preparation beats pressure. This case reinforced that a carefully drafted MSA can resolve even stubborn standoffs. Every situation is unique, but the principles remain constant. When families trust us with their divorce, we take that responsibility seriously. If you’re facing something similar, know there is always a real path forward together.

Serving Your Spouse the Right Way

Valid service is the backbone of both default and contested relief. Most cases use personal service: a constable or certified process server hand-delivers the citation and petition. If your spouse will cooperate, a waiver of service can save time and cost.

Note: All service methods must comply with the Texas Rules of Civil Procedure. Following these rules is essential to keep your case moving without delays or challenges.

When personal service fails, Texas rules allow alternative service (for example, posting, email, social media, or leaving at a usual place of abode) if the court authorizes it by order based on your diligence. If your spouse cannot be located after diligent search, service by publication may be used with court approval.

Once served, the answer is due on the Monday after 20 days from service. Miss that date, and you open the door to a default. In DFW, using experienced, verified process servers and following county standing orders helps avoid missteps that can derail timelines.

What is a waiver of service?

It’s a signed, notarized document where your spouse acknowledges receipt of the lawsuit and waives formal service. It does not waive the right to answer or participate unless expressly stated.⁶ If there are children involved in your divorce, you may need to use a different waiver of service form to address issues related to the children.

Can I serve by email or social media?

Only if the judge authorizes alternative service by written order after you show diligent attempts at traditional service.

Default Divorce — What to Expect

A default is possible if your spouse doesn’t answer, but you still must prove your case. If your spouse ignores the process, the consequences can be serious: the court may make decisions about property division, child custody, and financial support without their input, which can result in unfavorable outcomes for the non-participating spouse. At a prove-up hearing, you’ll confirm jurisdiction, grounds, property characterization, and that your proposed orders are fair and in the child’s best interest. Judges must divide community property in a “just and right” way and review child terms carefully.

If child support is at issue, the court may order the paying spouse to pay child support—even if that spouse did not participate in the divorce proceedings or sign any papers—so long as proper notice and legal procedures are followed.

After a default, limited remedies exist to undo the decree. A spouse who failed to answer may seek a new trial or file other post-judgment remedies, but Texas divorce law imposes strict timelines and standards. Courts apply the Craddock test to set aside a default: lack of conscious indifference, a meritorious defense, and no undue delay or harm to the other party.

Can a default decree be undone?

Sometimes. The moving party must meet strict standards (Craddock) and act promptly. Courts look at fault, a real defense, and whether reopening will prejudice the other side.

Do I have to disclose finances if my spouse never appears?

Yes. Judges still need credible evidence to divide community property fairly and to set any child or support terms. Bring a simple inventory and supporting documents.

Mediated Settlement Agreements (MSAs) & Rule 11s

A compliant MSA is a powerful tool. In a divorce, a written MSA with the statutory bold, irrevocability language and proper signatures is binding and the court must render judgment on it, with narrow exceptions. If the MSA is valid, the court will sign the final divorce decree even if one spouse refuses to sign, ensuring the divorce is finalized through court intervention. In suits affecting the parent-child relationship, MSAs are governed by Texas Family Code §153.0071, which specifically addresses the requirements and focus on child safety.

The Texas Supreme Court underscored the binding effect of compliant child-related MSAs in In re Stephanie Lee, emphasizing the narrow grounds for refusal centered on endangering the child.⁸ If your spouse refuses to sign a decree that mirrors the MSA, you can file a motion to enter to have the court sign judgment consistent with the MSA, resulting in the court issuing the divorce decree.

Rule 11 agreements (written and signed) can resolve issues, but they don’t carry the same automatic enforcement as an MSA and may require hearings to enter orders in a divorce suit.

What happens if my spouse won’t sign the agreed decree?

Ask the court to render and enter judgment per the MSA that meets statutory requirements. If your spouse will not sign the papers, the court can still enter judgment as long as the MSA is valid and all legal requirements are met. The decree must mirror the MSA’s terms.

Is a Rule 11 email enough?

Only if it satisfies Rule 11: it must be in writing and signed. Even then, it may not guarantee entry like an MSA. Court approval is still required for final orders.

What Texas Courts Consider (DFW Focus)

Texas judges follow statewide statutes and local practice to protect families:

• Property: Community vs. separate property; division must be “just and right.” Evidence matters, even if the other spouse is absent.
• Kids: The best-interest standard controls conservatorship (decision-making), custody arrangements, and possession schedules. Stability, safety, routines, and each parent’s caregiving history weigh heavily.
• Child Support: Guidelines based on net resources; deviations require evidence tied to the child’s needs and best interest.
• Spousal Maintenance: Available only in limited statutory situations; not every case qualifies.
• Local Practice: DFW courts often issue standing orders at filing and require mediation before a final trial. Expect detailed parenting plans and complete financial disclosures.

Common Mistakes We’ve Seen (and How to Avoid Them)

• Bad service → Use authorized methods; seek a court order for alternative service when needed.
• Signing a blanket waiver → Understand what rights you waive; consult counsel before signing.
• Skipping disclosures → Judges still require evidence to divide property and set orders.
• Ignoring timelines → Track answer dates, the 60-day waiting period, and prove-up settings.
• Overlooking MSAs → Draft them correctly; enforce when the other party balks.

Note: Always keep a detailed list of all deadlines and court requirements so you don’t miss critical procedural steps.

Quick Answers — Micro Q&A

• Can I file if my spouse moved away? Yes. Your case can proceed even if your spouse is not present. File where you meet residency and serve them where they live; ask for alternative service if needed.
• Is Texas “no-fault”? Yes. Insupportability is enough.
• Do both have to attend court? Not always. Defaults and agreed cases can be brief.
• Can we finish without mediation? Many DFW courts require it before trial and it often saves time.
• What if we agree on some terms? Partial agreements narrow trial issues.
• Who decides property if spouse won’t sign? The judge, using “just and right.
• Does default mean automatic win? No. If the other party has not responded, a default may be granted, but you must still prove your case.
• Can violence waive the waiting period? Yes, in limited circumstances.
• Do I need a parenting plan? Yes. Judges expect detail, even in defaults.
• Are texts/screenshots evidence? Yes, if relevant and authenticated.
• Can I change my name? Yes; request it in the decree.
• Will I get alimony? Only if statutory criteria are met.
• Who pays debts? Community debts are divided with the property, but the court may order one party to pay certain debts.
• Is service by publication allowed? As a last resort, with court approval.
• Can I appeal a default? Maybe; strict deadlines apply.

Texas Case Law Spotlight

Craddock v. Sunshine Bus Lines (Tex. 1939). Texas courts may set aside a default if the non-answering party shows (1) failure to answer wasn’t the result of conscious indifference, (2) a meritorious defense, and (3) granting a new trial won’t delay or injure the plaintiff. This test anchors post-default requests across Texas. Post-default motions, including those to set aside a default judgment, are governed by the Texas Rules of Civil Procedure. In re Stephanie Lee (Tex. 2013). The Texas Supreme Court reinforced that a compliant MSA in a child case is binding and must be enforced, with limited, statutorily grounded exceptions focusing on child safety. The opinion guides courts and parties when one spouse later resists entry of the agreed decree.

Glossary

Answer — A written response filed by the respondent before the deadline.
Best Interest — The legal standard guiding child orders in Texas.
Community Property — Most property acquired during marriage; divided “just and right.
Default Judgment — A ruling when the other side doesn’t answer in time.
Decree of Divorce — The final order ending the marriage.
Insupportability — No-fault ground for divorce due to conflict that can’t be fixed.
Mediation — A neutral helps spouses settle disputes.
MSA — Mediated Settlement Agreement; usually binding if statutory rules are met.
Service of Process — Official delivery of court papers to the other spouse.
Suit — A legal case filed in court, such as a divorce suit. A divorce suit is the formal legal proceeding to end a marriage and resolve related issues.
Waiver of Service — A signed paper allowing you to skip formal service.

Timeline / Flowchart — Start to Finish Without the Other Signature

1. 1

   File — Submit the Original Petition in the proper DFW county.
2. 2

   Serve (or Waiver) — Personal service or a signed waiver of service.
3. 3

   Wait 60 Days — Statutory cooling-off period (family-violence exceptions).
4. 4

   Default or Contested Track — If no answer, prepare default prove-up; if answered, seek temporary orders and mediate.
5. 5

   (If MSA) — Execute a compliant MSA; move to render or enter judgment per its terms.
6. 6

   Final Hearing/Prove-Up — Present evidence; judge signs decree reflecting the judgment.
7. 7

   Post-Decree To-Dos — Name change, update beneficiaries, divide accounts, record real-estate orders.

Related Resources About Can You Get Divorce Without Your Spouse Signature

• Divorce Attorney in Dallas & Collin County— Serving All of DFW and North Texas — Overview of contested/uncontested, property, kids, support.
• How to File for Divorce in Collin County (2025) — Step-by-step local filing guide and timelines.
• Property Division in Texas Divorce — Community vs. separate property basics (useful for defaults).
• How Is Child Support Calculated in Texas?— What judges consider and how guidelines work.

Frequently Asked Questions

Default Proceedings & Evidence

▶ ▼

How does a judge divide property if my spouse never shows up?

The judge still needs evidence. Bring a clear inventory of assets and debts, proof of values (statements, appraisals), and a proposed division. The court must reach a “just and right” split based on credible proof, even without your spouse present.

▶ ▼

What evidence should I bring to a default prove-up?

Your petition, proof of service, testimony outline, proposed decree, inventory and appraisement, and—if children or significant assets are involved—parenting plan and child-support worksheet. Organized exhibits help the court ensure fairness and best-interest findings during the court proceedings.

▶ ▼

If my spouse is violent, can we finalize sooner?

Yes. Texas allows waiting-period exceptions for certain family-violence situations. Provide protective orders or other evidence to support your request. Judges prioritize safety while ensuring orders remain in the child’s best interest.

Service, Agreements & Temporary Orders

▶ ▼

What if I can’t find my spouse to serve them?

Document diligent search attempts and ask the court for alternative service (or publication). The judge must authorize any non-traditional method. Follow the order precisely to avoid later challenges.

▶ ▼

My spouse signed an MSA but refuses to sign the decree—now what?

File a motion to render or enter judgment per the compliant MSA. Courts must render judgment on such agreements, with narrow exceptions, especially involving child safety.

▶ ▼

Can I get temporary orders if my spouse won’t participate?

Yes. Courts can issue temporary orders for parenting time, support, and property control based on your sworn testimony and evidence. This stabilizes things while the case moves forward.

Debt, Mediation & Post-Judgment Relief

▶ ▼

What happens to debts and the house if only I testify?

Provide statements, payoff figures, and appraisals. If there are multiple assets and debts involved, the court will divide them based on the evidence. The court may also order the paying party to pay certain debts. If the evidence supports your proposal, the court can divide debts and award property accordingly under the “just and right” standard.³

▶ ▼

How do DFW courts handle mediation in contested cases?

Most judges require mediation before trial and expect good-faith negotiation. A well-drafted MSA can resolve the entire case and speed final entry of judgment.

▶ ▼

Can a default be set aside months later?

Possibly, but relief gets harder over time. The Craddock test governs new-trial requests and other remedies have strict deadlines. Prompt legal advice is critical.

Why North Texas Families Trust Warren & Migliaccio

• Experience: Serving North Texas families since 2006 in divorce, custody, and property division.
• Expertise: Lead Counsel Verified family-law attorneys with deep DFW courtroom experience in defaults, mediations, and trials.
• Authority: Partners Christopher Migliaccio, Gary Warren, and their team have decades of Texas family-law practice and publish guidance on DFW divorce issues.
• Trust: Clear communication, realistic expectations, and free consultations—no guarantees, just diligent advocacy focused on your long-term interests.

Conclusion & Next Steps

Texas law does allow you to move forward with a divorce even if your spouse won’t sign—but the process still needs careful steps: proper service, solid documentation, and a final decree that reflects the court’s judgment or a valid MSA. We’re here to offer you legal help through each stage, from serving your spouse to mediation, default prove-ups, and the final order. Throughout the process, we stay focused on what matters most: protecting your children’s well-being and guiding you toward a fair, stable outcome.

If you’re feeling unsure about the road ahead, you don’t have to figure it out alone. Our Texas divorce attorneys can talk through your situation, provide legal assistance, and help you understand what to expect next. Reach out at our phone number (888) 584-9614, or contact us online when you’re ready to take the next step with support and clarity. You can also visit our law office in person to talk to the attorney during official hours.

Legal Authorities (Endnotes)

1. Tex. Fam. Code ch. 6 (incl. §6.001 Insupportability) — Texas Legislature — https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
2. Tex. Fam. Code §6.702 (60-day waiting; FV exceptions) — Texas Legislature — https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
3. Tex. Fam. Code ch. 7 (incl. §7.001 “just and right”) — Texas Legislature — https://statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm
4. Tex. Fam. Code ch. 153 (incl. §153.002 best interest) — Texas Legislature — https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
5. Tex. Fam. Code §6.602 (MSA in divorce) — Texas Legislature — https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
6. Tex. R. Civ. P. 99, 106, 119 (service; waiver; deadlines) — Texas Courts — https://www.txcourts.gov/rules-forms/rules-standards/
7. Tex. Fam. Code §153.0071 (MSA in suits affecting parent-child) — Texas Legislature — https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
8. In re Stephanie Lee, 411 S.W.3d 445 (Tex. 2013) — Justia — https://law.justia.com/cases/texas/supreme-court/2013/11-0732.html
9. Craddock v. Sunshine Bus Lines, 133 S.W.2d 124 (Tex. 1939).
10. TexasLawHelp — Divorce basics/resources — https://texaslawhelp.org/topics/family-law/divorce