Texas is a no-fault divorce state, which means you can choose not to cite fault grounds, implying that neither spouse is responsible for the dissolution of the marriage. Divorce is seldom a simple and easy process. Even when spouses are civil with one another and can agree on the majority of their divorce-related terms, it’s still an emotional process and can quickly take a turn for the worst.
That said, when couples get divorced, they will have to first decide whether they’re filing a no-fault divorce or a fault-based divorce. If you have question regarding how to start the entire divorce process visit our FAQ page. Please continue reading and reach out to our The Woodlands, Texas divorce lawyer to learn more about no-fault divorce, what it means, and what your options are going forward. Understanding Texas divorce laws is crucial in navigating the complexities of your case. Here are some of the questions you may have:
What is the difference between a no-fault divorce and a fault-based divorce?
Texas is a no-fault state, which means you can choose not to cite fault grounds, implying that neither spouse is responsible for the dissolution of the marriage. When filing for a no-fault divorce, either party can submit a divorce petition without needing to prove fault or wrongdoing.
In many cases, it’s best to go this route even if you believe your spouse is responsible for ending your marriage, for if you choose to cite a specific fault ground, your spouse has an opportunity to deny your accusation. In most cases, this will draw out a divorce, making it more contentious, more costly, and, ultimately, less favorable for both parties involved.
In no-fault divorce proceedings, couples do not need to attribute fault or wrongdoing to either party, and the focus is on the irrevocable breakdown of the marital relationship. Texas no-fault divorce allows couples to end their marriage without assigning blame, streamlining the process.
You should also note that just because you file a no-fault divorce doesn’t mean that you agree on all divorce terms; you can still hash out issues such as child custody and property distribution, just not on the grounds that your spouse is the one responsible for your divorce.
In a no-fault divorce, neither party needs to prove fault or misconduct to obtain a divorce, simplifying the process and encouraging amicable resolutions.
What fault grounds can I cite in my divorce?
If you do choose to cite specific fault grounds, you may pick one of the following:
- Adultery
- Cruelty
- Felony criminal conviction
- Abandonment
To prove adultery, one must provide evidence of voluntary sexual intercourse, which can be challenging to substantiate.
To learn more about fault grounds in Texas, click here to read the state’s statute.
Though citing specific fault grounds often doesn’t work in a spouse’s best interests, fault based divorces can be pursued if there is substantial evidence. The truth is that every divorce is different. When you bring your case to our attention, we’ll assess the circumstances of your divorce, listen to your goals, and determine the best path forward. We are on your side, and we will be, every step of the way. Give our seasoned divorce firm a call today so we can get started working on your case.
Simplifying the Divorce Process
By eliminating the need to establish fault or wrongdoing, the no fault divorce system streamlines the divorce process and reduces the potential for contentious litigation. Couples can focus on resolving practical matters such as property division, child custody, and support without getting bogged down in arguments over fault. This can lead to more amicable and efficient divorce proceedings, minimizing stress and conflict for both parties involved.
Encouraging Settlement and Collaboration
No-fault divorce laws encourage couples to pursue settlement and collaboration rather than engaging in protracted legal battles. An uncontested divorce falls under the category of no-fault divorces and allows couples to create an amicable plan for resolving custody, asset division, and other aspects of their divorce.
By removing fault from the equation, spouses may be more inclined to negotiate and reach mutually agreeable solutions to divorce-related issues. Alternative dispute resolution methods such as mediation or collaborative divorce may be particularly well-suited to couples seeking a no-fault divorce, allowing them to work together to find solutions that meet their needs and interests.
Contact Our The Woodlands, Texas Firm
If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is the right law firm for you. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, spousal maintenance, and much more. Contact Bolton Law today to schedule your initial consultation.
