Spouses seeking marital separation in Texas have several avenues they can follow, but most choose a no-fault divorce. This type of divorce is the most common in Texas, likely because it provides one of the simplest and quickest paths to divorce. However, there are several considerations to keep in mind before you settle on a no-fault divorce to resolve your own marriage.
How Does No-Fault Divorce Work?
No-fault divorce, as the name implies, can be used when spouses feel that a divorce is necessary but neither is at fault for the issues of the marriage. Over time, many couples feel that their partner has changed, or that the circumstances of the relationship just aren’t the same – whatever the reason may be, neither spouse did anything particularly wrong. Because Texas is a no-fault divorce state, you are allowed to get a divorce simply because you feel that the marriage is no longer recoverable.
In a regular, fault-based divorce case, the spouse who begins the divorce case has to provide a reason for the divorce. Texas provides several grounds for fault in a divorce, which include but are not limited to adultery, abandonment, abuse, violence, and incarceration due to a felony conviction. Spouses seeking a divorce should note that in fault-based divorces, some aspects such as child custody and the division of property could be affected by the determination of fault. If the reason for your divorce is that of fault, it’s always recommended to use a fault-based divorce to ensure that the court can take the issue into consideration.
The no-fault divorce route will be faster for most couples. If fault is placed, the petitioning spouse must explain that fault and provide evidence, which can then be deliberated in court and throughout the rest of the divorce process. With no fault to place, both spouses are on equal footing and only need to worry about the details of the division of assets, custody, and other pieces to resolve the divorce.
Regardless of what type of divorce you decide is best for you, it is always heavily recommended to work with an experienced Texas divorce attorney to ensure that you’re set up for a successful case. The Law Offices of S. Dylan Pearcy are here to help you through the often complicated process of divorce with honesty and integrity – contact us today to get started.
