Types of Divorce in the State of Texas
Understanding No Fault Divorce & Fault Divorce in Texas
In Texas, there are a few different legal options available to spouses who no longer wish to be married.
When filing for divorce in Houston, individuals can choose between a no fault and a fault-based divorce. Here, we will discuss some of the things you should know about these two options.
What Is the Difference Between Fault and No Fault?
A no-fault divorce is for spouses who are no longer able to get along and live together due to various differences. In a no-fault divorce in Texas, neither party is responsible for the fact that the marriage did not work out. The ground for a no-fault divorce in Texas is dissolution of the marriage based on irreconcilable differences. No fault divorces are the most common type of divorce in Texas.
In this case, the two spouses agree that they do not want to be married anymore and jointly agree to file a no-fault divorce. This formally states that neither party is to blame or guilty of any misconduct that caused the marriage to end.
Texas also has a type of divorce called uncontested divorce. This type of divorce falls into the category of no-fault divorces and allows the couple to create an amicable plan for resolving custody, asset division, and other aspects of their divorce.
For those who do not agree on the separation, it may be necessary to seek a fault-based divorce. In this case, the person filing will allege that their spouse has specifically done something to make the marriage no longer work.
For example, if one spouse cheated, the other spouse can file for divorce on grounds of adultery. If you file for a Texas fault divorce, you will have to prove that your spouse is responsible for the end of your marriage. At-fault divorce in Texas usually takes longer than no-fault divorce because there are more opportunities for disagreement during the case.
Texas Requirements for No Fault Divorce Filings
Since Texas does not require either spouse to prove that someone was at fault before obtaining a divorce, there are few requirements when filing for a no fault divorce in Texas. However, arranging the details of dividing up assets, providing child support, and splitting custody with your spouse can quickly get complicated. At The Larson Law Office, we will help you throughout the whole process and will work tirelessly to obtain an order that best suits you and your family.
How to File for No-Fault Divorce
There are several documents you must prepare to file for a Texas no-fault divorce, including the Original Petition for Divorce. If you have children with your spouse, there are additional documents to complete. These documents relate to custody, visitation rights, and the duties of each parent.
A skilled family law attorney can help you prepare all the necessary paperwork accurately and completely. Once your documents are prepared, you will file them at the courthouse in your county of residence. Filing your papers starts the process for your no-fault divorce in Texas. You will pay a fee to file the divorce papers with the court clerk.
If the divorce is not contested, the clerk will schedule a hearing where a judge will review your divorce agreement with your spouse. If it is contested, your spouse will have a certain amount of time to respond to your petition before you proceed further.