When individuals choose to file for divorce, they may not be aware of the different elements involved in making the decision. While you will have to determine property division, custody, and other components, you will also have to consider what type of divorce you will file for.
There is an important distinction to make between the types of divorce offered in the state of Texas. While some states are exclusively no-fault-based, Texas offers individuals another option: fault-based divorce. Site:BusinessName} explains what these distinctions are, and if no-fault divorce could be right for you.
The Legal Differences Between Fault and No-Fault
It is important to understand that spouses divorcing in Texas have a couple of different legal options in terms of ending their marriage. More specifically, they can choose to either file for:
- Fault divorce
- No-fault divorce
There are legal distinctions between these two different types of divorce.
Fault Divorces in Texas
Assigning fault in a divorce is not a requirement to file. However, in certain situations, it can be beneficial for one side to cite fault as the cause for the end of the marriage. There are certain grounds for a fault-based divorce, and in order to file you must have experienced one or more of the following:
- Infidelity or adultery
- Abandonment of one spouse
- Abuse of any type, such as physical or verbal
- Presence of domestic violence
- Felony convictions or imprisonment
- Mental incapacities
However, filing for a fault-based divorce is not as simple as just saying “my spouse did this action which caused the end of our marriage.” You have to provide evidence to demonstrate that the harmful action actually took place and directly led to the marriage ending.
No-Fault Divorces in Texas
In contrast, no-fault divorce does not require one side to cite a reason for divorce. Neither party is held responsible for the end of the marriage, and they are able to simply state that irreconcilable differences resulted in the dissolution of the marriage. In fact, this is the most common type of divorce in the state of Texas.
If a couple agrees to file for a divorce, they are more likely to proceed with a no-fault separation. This also may allow them to approach matters uncontested, allowing them to negotiate the terms of their divorce.
What Are The Requirements for No-Fault Filings?
Since no-fault divorces are exceedingly common in Texas, it is important to be aware of the requirements for this type of divorce. While you may not have to ascertain blame for the end of the marriage, there are certain steps that you will have to complete.
How To File
When you file for a divorce in Texas, there are several documents required in preparation. The Original Petition for Divorce is perhaps one of the most crucial documents, as it is what starts your divorce process. If you and your spouse have agreed on the divorce, you may work on this document together. However, the individual that files will ultimately be known as the petitioner.
Creating An Agreement
If you and your spouse are planning to have an uncontested divorce, you will need to work to create a divorce agreement yourselves. Typically, individuals will still retain an attorney to work with during this process. An experienced divorce attorney will be able to provide input on reaching a reasonable compromise and agreement. If matters become contested, this could take longer.
The Benefits of No-Fault Divorce
There are clear benefits to filing for a no-fault divorce. First and foremost, it makes for a less emotionally charged divorce. Ultimately, this means that couples are able to file for divorce faster and reduce the number of court costs that are involved. When children are involved, they will also experience less stress, as their parents are able to communicate more effectively and amicably.
Is a No-Fault Divorce Right For You?
Do you think that no-fault divorce is the right route for your dissolution of marriage? One way to ensure that this is the case is to consult an experienced attorney. The team at BTR Law has extensive experience with Texas family law, and can help you make sound decisions on your case. Contact us if you need assistance today.