Need Divorce Advice

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BrianMack

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I have been living with my girlfriend Melissa for almost 6 months. Melissa is married and we live in Texas. (She has been separated from her husband for over a year.)

Her husband was abusive toward her physically, but she never pressed charges or involved the law. He also cheated on her several times.

Anyway, she has been wanting to break free from him for quite some time, but he says if she files for divorce, he will not sign the papers, granting her one.

There are no children between them, so that is a good thing.

My question is: Can he simply refuse to sign divorce papers, and in essence, keep her chained to him forever? I find this hard to believe, and I think she is putting too much stock into what he says.

I advised her to talk to a good divorce lawyer, and we are currently saving money for the procedure, as her husband refuses to pay his part.

I was told that if she files, he basically has to sign them, or he forfeits any property they may share to her, but she seems to think that his refusal is the end of the story.

Please help, and thanks in advance.

-Brian
 
I was told that if she files, he basically has to sign them, or he forfeits any property they may share to her, but she seems to think that his refusal is the end of the story.

He doesn't necessarily have to sign the papers for a judge to order a decree of divorce. If he refuses to sign, he will not automatically forfeit any property.

If she wants a divorce, she should go ahead and file.
 
Thanks Irish, is there any way you could elaborate a bit more? If she files and he refuses to sign, does it fall into the hands of the court/judge? Thanks again...
 
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Yes, the judge can order the divorce if he refuses to sign. The judge also has the authority to divide any property. Or, he may order them into mediation.
 
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Your girlfriend should be able to file for divorce anyway. The court could order for a divorce after several years of waiting despite the fact that her ex may refuse to sign the papers. It is best she checks with an attorney for the finer details. Good luck!
 
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