If you are considering filing for divorce, it would be important to know that there are two types of divorce you can seek in Texas: no-fault or fault-based.
No-fault divorces only involve providing a valid reason why the marriage cannot be sustained and then the division of marital property and resolution of other decisions that can be easily handled by working with a local divorce attorney.
On the other hand, a fault-based divorce requires the filing spouse to state his or her grounds for seeking the divorce and then working with a divorce lawyer to gather the required valid evidence that supports those grounds in order for a fault-based divorce to be granted.
A no-fault divorce is one where the marriage has simply failed for a variety of reasons, such as changing personalities as well as conflicts that cannot be resolved that has left little hope that the relationship can be repaired.
No-fault divorces tend to be faster and less costly.
Filing spouses do not need to prove anything, only state why the marriage is unsustainable.
Divorce attorneys recommend no-fault divorces in Texas whenever possible as they are usually less complicated and settle sooner than fault-based ones that typically involve issues involving either child custody or asset division.
A fault-based divorce can be requested by one spouse because of a number of situations that has made the marriage unsustainable.
Because a fault divorce can affect the results of the divorce, including how marital assets are divided, the filing spouse and his or her divorce lawyer must be able to adequately prove to the court that the claimed conditions actually exist.
Acceptable reasons for a fault-based divorce include:
- A spouse has committed adultery during the marriage before the divorce was filed.
- A spouse has intentionally caused either mental or physical harm to the other spouse.
- A spouse has been convicted of a felony crime and must serve a year or more in state or federal prison.
- A spouse has left the home with the intent of abandoning his or her partner and has no plans to return again.
- Spouses have been living apart for three years or more with no plans to reconcile the marriage.
- A spouse has been confined to a mental institution for more than three years and the marriage is insupportable.
- Other reasons include substance abuse, infertility, impotence, lack of financial support, religious reasons, homosexuality affecting a heterosexual marriage, and others.
Because fault-based divorces usually involve situations that must be carefully considered by the family court, those claiming such reasons should work with an experienced local divorce attorney who can help them prepare the evidence necessary to prove his or her case.
Fault divorces can take a lot longer to resolve and are therefore more expensive.
Talk About the Options with A Divorce Attorney
The Texas family court permits spouses to file both no-fault or fault-based divorces.
No-fault divorces are recommended when couples drift apart and no longer see eye-to-eye but no actual wrongdoing has occurred.
When there is evidence supporting grounds for a fault-based divorce, attorneys who handle divorces may suggest filing on that basis.
In either case, divorce lawyers can help filing spouses understand the difference between the two and help decide which one is appropriate to file under those circumstances.
Foreman Family Law
309 North Washington Avenue, Suite 12
Bryan TX 77803