What is a No-Fault Divorce?

No-fault divorces are more common than divorces granted for fault. Unlike at-fault divorces, no-fault divorces do not require either spouse to prove any wrongdoing. The most common reason no-fault divorces occur is due to irreconcilable differences or conflict of personality, which means the couple was not able to work out their differences. When this happens it is best to have an expert family law attorney.

Deciding to file for a divorce can be difficult. The process can be long and drawn out, and it’s best to have an expert divorce lawyer for the proceedings.

At-Fault vs. No-Fault Divorce

At-Fault Divorce

An at-fault divorce occurs when a spouse petitions the court for a divorce because their other half has exhibited unreasonable behavior. At-fault divorces allow both parties to be heard, which means a spouse can object to the claims being made against them. Things that qualify as being at-fault include:

  • Cruelty
  • Adultery
  • Felony Criminal Conviction
  • Abandonment
  • Confinement to a Mental Hospital

No-Fault Divorce

No-fault divorces are more common than at-fault divorces. Unlike at-fault divorces, no-fault divorces do not require either spouse to prove any wrongdoing. The most common reason no-fault divorces occur is due to irreconcilable differences, which means the couple was not able to work out their differences.

What Kind of Divorce State Is Texas?

Texas offers both no-fault and at-fault divorces. Although a no-fault divorce generally does not discuss situations of fault, this factor can be considered when the time comes to make decisions regarding property.

Learn more about Texas’s regulations on divorce.

Filing for a Divorce in Texas

Eligibility

To be eligible for a divorce in Texas, either spouse needs to be a resident of Texas for a minimum of six months. Texas residents filing for divorce must file for divorce in the county in which they reside. Either spouse must be a resident of the county for at least three months (90 days).  If any children of the marriage do not live in that county, those issues may have to be handled in a separate suit.

Grounds for a Texas Divorce

Texas residents who are filing for divorce are not required to provide evidence of their spouse’s wrongdoings. If community property is involved, property that was purchased during the marriage, fault can be discussed. The spouse filing for a divorce in Texas should have proof of fault if they intend to use that regarding the property that will be addressed during the divorce.

Texas Divorce Process

  1. One spouse, the Petitioner, files for a divorce with the court and has the other spouse, Respondent, is served with papers.  If the divorce is amicable, the Respondent can sign a Waiver of Service.
  2. Once the respondent is served, they must file an Answer, so prevent the process from moving forward without them.
  3. The court will make rulings regarding child custody/child support/possession/health and dental insurance and other issues if children are involved, as well as outstanding debt, and property division.
  4. Discovery can occur if either party believes they do not have all the facts. A divorce case can also be settled at this point. The two parties can choose to settle if they can agree. If not, the judge will set a trial date, but mediation may be required before a trial date is set.

Texas residents who are looking for an Austin divorce attorney or representation for other legal situations should get an instant lawyer referral. Hire a Texas divorce attorney to help guide you through the legal divorce process. Here at the Lawyer Referral Service of Central Texas, we help you find legal and community resources and lawyers. Contact us today to learn more about our services and how we can help.

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