No-Fault Divorce

WHAT IS A NO-FAULT DIVORCE?

If you are considering filing for divorce you may wonder if you have to list a reason for the divorce, or what lawyers call grounds for divorce. Texas has seven grounds for divorce that when pled are called a “fault” divorce. The grounds for a fault divorce in Texas include abandonment by your spouse for at least a year, adultery, confinement in a mental hospital for at least three years, cruelty, conviction of a felony with imprisonment for at least a year, and/or living apartment for at least three years.

Texas also allows for no fault divorces to be filed. A no fault divorces can be confused with uncontested divorces, but the main difference is that in uncontested divorces both parties agree on every aspect of the divorce. In no-fault divorces, the couples only agree that none of the seven fault grounds for divorce are applicable, but that at least one of the parties desires a divorce on a no fault basis.

THE GROUNDS FOR NO-FAULT DIVORCE- INSUPPORTABILITY

The grounds for no fault divorce can be found under Texas Family Code 6.001. Texas defines the grounds for a no fault divorce as “insupportability.” This is a complex way of saying the couple no longer gets along, and the marriage has become “insupportable.” An individual might also file a no-fault divorce to make the divorce process easier even though their divorce might qualify under fault grounds.

THE NO FAULT DIVORCE PROCESS

The steps to file and litigate a no fault divorce are mostly the same as a fault divorce. The main difference is that in a fault divorce you will spend time litigating the issue of fault, and you may have discovery, depositions or hearing regarding the fault issues that arise.

CONSULT AN ATTORNEY

Divorces may seem simple to handle on your own; however, situations arise where it is best to have an attorney handle your affairs. In circumstances where children are involved, or where there will be division of marital property, it is best to consult a divorce attorney before trying to handle the situation singlehandedly. You should be aware of the dangers that pro se litigants in family law cases face.

Divorce is a stressful and emotional time for those involved. The unknown is intimidating, and difficult to maneuver on your own. You want to make sure all of your bases are covered when handling situations such as these. If you are currently in the midst of a divorce, or if you know a divorce is inevitable, the professionals at Guest and Gray Law Firm can help. It is better to have the answers, and know the different avenues that your case could take than to try and navigate these hard times alone. We are the largest family law firm in Kaufman and Rockwall County, and we serve the entire DFW area in family law matters.