An overview of Fault and No-Fault Divorce in Texas

Family Law and Divorce

Deciding to divorce your spouse, especially when there are kids involved, is possibly the hardest choice you’ve ever considered. It’s likely that you’ve spent months contemplating, trying to find an alternative decision. However when you feel like there’s nothing to fight for, and want out, then you’ll need to make some critical choices and one such option is to get unbiased legal advice from Law Offices of Tad Nelson & Associates.

Lawyers have extensive knowledge on how to deal with mediated divorces, contested or uncontested proceedings; fault or no-fault divorces and so on, and can work to help you get the most favorable outcome for your case.

This article gives an overview of fault and no-fault divorce in Texas

No-fault divorce

Most divorce cases in Texas are considered no-fault divorces, where spouses agree that they are not able to sustain their marriage due to conflict of personalities.

If you are filing a divorce, a no-fault divorce is where you don’t need to prove any fault on the part of your spouse. Often, you can file a no-fault divorce on the ground that there’s an “irreconcilable difference” or “irreparable breakdown” between the two of you.  In a no-fault divorce, your spouse will not be able to object this petition, because the objection will be seen as an irreconcilable difference by the court.

Fault-based divorce

Fault-based divorces are not as common as no-fault ones.

You can file for a divorce based on some fault that your spouse did. The most common grounds for getting a fault divorce are:

  • Prison confinement
  • Adultery
  • Abandonment for a certain length of time
  • The spouse has inflicted physical or emotional pain
  • The spouse is not physically able to have sexual intercourse

Another major difference between the two divorces is that parties filing a fault-based divorce aren’t expected to separate or live apart for a certain amount of time before applying for the divorce, as they have to do in the no-fault divorce. And if one can prove that the other spouse was indeed at fault, they can get a large share of the marital property or alimony. It’s these two reasons that make fault divorce an attractive option for some people.

With these two options available in Texas, it is imperative that you understand the different circumstances that could apply in your situation. A lawyer has the experience in all kinds of divorces and can offer legal advice regarding which type of divorce is best for your case. If you are seeking a divorce, whether fault-based or no-fault, you should talk to an experienced lawyer.

A lawyer can help with fault or no-fault divorce cases

The concepts of no-fault and a fault divorce are state-specific and can sometimes be confusing to individuals. If you are not sure about your jurisdiction’s laws, then your best shot is first to contact an experienced divorce attorney who is well versed with the laws of your state, in this case, Texas and will provide you with the best legal options going forward.


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