My Ex Won't Sign the Papers (2024)

Yes. Your spouse does not have to sign the final decree for your divorce to be finalized. In Texas, as long as one spouse believes the relationship cannot be fixed, the judge will grant the divorce.

If your spouse refuses to participate in any part of the divorce and never files an answer after proper service, you can get a default divorce. Use the default instructions and forms from the following guides to learn more:

• I need a divorce. We do not have minor children.

• I need a divorce. We have children under 18.

• I need a divorce. We have minor children. A final custody and support order is already in place.

If you filed for an “agreed divorce,” but now disagree on the terms of the divorce or your spouse now wants to prevent the divorce from happening, your case is now contested. If you can't resolve the issues, set your case for a final contested hearing.

Read Uncontested and Contested Cases: The Difference to learn about the difference between a contested and uncontested case. Read How to Set a Contested Final Hearing to get forms and learn more about contested hearings.

See Texas Family Code 6.001.

Yes. If the other parent was properly served and did not file an answer, your case can be finished by default. To learn more about a default SAPCR, read and use the default instructions and forms in the following guides:

• I need a custody order. I am the child's parent (SAPCR).

• I need to change a custody, visitation, or support order (Modification).

• I need a custody order. I am not the child's parent (SAPCR).

If the SAPCR was first filed as an “agreed SAPCR,” but now there is a disagreement on the terms of custody, visitation, or support or the other party wants to stop the case, your case is now contested and should be set for a final contested hearing.

If you went to mediation and came to an agreement on the issues in your case, you may be able to get the final decree or orders entered by the court if certain requirements are met.

First, did you and the other party come to an agreement on everything at issue in the case? If yes, go to the next step.

Second, was the entire agreement written down in a Mediated Settlement Agreement (MSA) stating it is not subject to revocation? If yes, go to the next step.

Next, did you and the other party both sign the MSA? If yes, keep reading.

If these requirements are met, the MSA is binding.

If the MSA is binding, you can file a Motion to Sign Judgment on Mediated Settlement Agreement. After a hearing, the court will enter a judgment on your MSA unless it finds that a party to the agreement was a victim of family violence or if the agreement permits a dangerous person around your child. A court will also not enter a judgment on a MSA if it is not in the best interests of the child. Read Mediation and Family Violence for more.

Read Divorce and Mediation to learn more about MSAs and the role mediation plays in family law cases.

See Texas Rules of Civil Procedure Rule 305 and Texas Family Code sections 153.0071(e), 201.007(a)(14), and 201.013(b).

Judges frequently make orders at the end of a trial and order one of the parties to draft a Final Decree or Final Orders reflecting the oral judgment.

If one party refuses to sign the final decree or orders after a trial because they want to avoid or do not agree with the outcome, you can file a Motion to Sign. This motion asks the court to sign the judgment that was made and make it a final judgment.

When you file a Motion to Sign, a hearing is set on whether the judge should sign the decree and you must give notice to the other party.

See Texas Rules of Civil Procedure Rule 305.

You can either file your Motion to Sign in person or through e-filing. When filing a Motion to Sign, you must attach the proposed document you want the court to sign including any required additional documents. These may be:

• The proposed Final Decree of Divorce,

• The proposed Order in Suit Affecting the Parent-Child Relationship,

• The proposed Order Modifying the Parent-Child Relationship, or

• The signed Mediated Settlement Agreement.

You must also file a Notice of Final Hearing giving the other side at least 45 days’ notice of the final contested hearing. During the hearing, the court will decide if it should sign the proposed decree or orders. Read How to Set a Contested Final Hearing to get forms and learn more about contested hearings.

Before setting your case for a contested final hearing, it is a good idea to hire a family law lawyer because contested hearings may be complicated. If you need help finding a lawyer, you can:

• Use our Legal Help Directory to search for a lawyer referral service, legal aid office, or self-help center in your area.

• Check our Legal Events and Clinics page for free legal clinics in your area.

• Use Ask A Question to chat online with a lawyer or law student.

Note:TexasLawHelp.org does not currently provide forms for a Motion to Sign.