When you think of a divorce what first comes to mind? Is it spouses screaming at one another in a crowded courtroom? Does it involve a judge banging their gavel furiously? If so, then you are not alone. Many people have thoughts like this when it comes to a divorce. We all know that divorce is not the most pleasant experience for the two spouses involved. It involves some degree of acrimony and disagreement. Or else why get a divorce in the first place?
The question that you need to ask yourself is whether this vision of a divorce needs to be your future. As in, are you destined for a divorce where disagreement and animosity are at the core of the entire case? Fortunately for you, that is not always how divorce turns out. Also in a positive sense, there are steps you can take to dramatically decrease the degree of friction between you and your spouse and the divorce.
In today’s blog post from the Law Office of Bryan Fagan, we are going to be discussing the benefits of a no-fault divorce. We will introduce this topic and discuss what it means on a practical level. Then we will discuss more about how a no-fault divorce may be exactly what you need as far as decreasing the temperature in the room between you and your spouse. Any questions you have about the material contained in this blog post can be addressed to the experienced family law attorneys with the Law Office of Bryan Fagan.
What is a no-fault divorce?
Generations ago, a person could only divorce their spouse for a specific and concrete reason. There had to be a fault ground at play, or a divorce could not be granted. Fault grounds for divorce still exist in Texas. We will discuss those in a moment. Examples of well-known fault grounds include adultery, confinement to a mental institution, cruelty, and abandonment. When these circumstances are irrelevant to your case it may be beneficial to include them in your divorce petition.
However, many divorces do not include any element of these fault grounds. Rather, spouses like yourself wish to end the marriage for other reasons that are not specifically noted in the Texas family code. Finding yourself in this type of position means that some decisions need to be made. First, you need to determine what type of divorce you want to partake in. Next, how are you going to accomplish the goals that you have set out for yourself?
For many of you reading this blog post a sensible goal is to complete your divorce as efficiently as possible. This must not come at the expense of accomplishing goals that you have, however. This may be easier said than done. In some instances, the circumstances of your case will not allow for a quick divorce. You may have legitimate disagreements over crucial topics. In that case, it does not make sense to force a fast divorce. The issues in your case necessitate careful negotiation. With that said, a no-fault divorce does lend itself more towards a quick resolution than a divorce based on fault grounds.
Where to include your allegation of a no-fault divorce?
When filing for divorce in Texas, you would allege a no-fault divorce in your original petition for divorce. Within the original petition for divorce listing the reason as discord or conflict and personalities is a common way to represent that you are asking for a no-fault of force. You are alleging that your personalities are so different and that there is no hope of reconciliation with your spouse. This is as opposed to specifying a fault ground for divorce.
As the responding party to the divorce, you may also choose to file a petition of your own. The only difference is that yours would be a counterpetition. A counterpetition for divorce allows you to specify your fault ground. A counterpetition would also let you go through your list of relief that you are seeking that the court grants you in the divorce. By filing a counterpetition, you can go on the offensive when it comes to the divorce case. Any questions you have as a responding spouse about the counterpetition can be addressed to the experienced attorneys with the Law Office of Bryan Fagan.
Filing a divorce petition is a major step to take in your life. It is said that the journey of 1000 miles begins with a single step. This is how the original petition for divorce feels in some circumstances. You know that you are about to go on a journey in the divorce. However, that journey cannot begin until you take your first step. That divorce petition is your first step. Gaining the confidence, you need to file this document can take time. This is where working with an experienced family law attorney can be a tremendous advantage to you.
The importance of working with an attorney in a no-fault divorce
Just because you plan on filing a no-fault divorce does not mean that your case is without issue. A divorce where there are no disagreements on any issue related to the case is known as an uncontested divorce. An uncontested divorce involves spouses who have negotiated their way through the case before the petition is even filed. A no-fault divorce can be uncontested but usually is not. With that said, being able to manage a no-fault divorce does require diligence and intentionality.
Moving forward with the divorce is also a difficult endeavor for many people. As we talked about a moment ago, simply being able to take the first step towards divorce is a challenge. Some of you reading this blog post may have waited weeks or even months to file a divorce once you understood that it was the best decision for your family. It is normal to have second thoughts or doubts about yourself.
Hiring a family law attorney to assist you in filing the divorce propels you toward your goal. An attorney not only has experience and knowledge about the law but also helps to keep you accountable. When it comes time for you to file for divorce an attorney will help you organize your case and get the petition filed. By the same token, if your spouse has already filed for divorce against you, an attorney can help you meet any filing deadlines and assert your rights and the counter-petition.
Speaking to your spouse about the divorce
A no-fault divorce that is heavy on negotiation and light on court dates is possible. However, it does take some diligence on your part as a negotiating partner. You cannot hope to have a no-fault divorce but then take no action to see it through. Rather, there must be a concerted effort on your part to resolve the major issues of your case together with your spouse. This means that trying to hide the divorce or keep it from your spouse may not be an option for you.
Working up the courage and fortitude to talk to your spouse about the divorce before is filed is essential to your success. Do not take for granted the opportunities available in a no-fault divorce. So many of the concerns people have in divorce become less relevant when you consider that a no-fault divorce decreases the arguing, emotional stress, and time of a case. The main benefits of a no-fault divorce or felt when spouses can put aside their differences and speak respectfully to one another.
There is no better time to start this process than at the very beginning of a case. Try and speak to your spouse before the case even begins. Be as rational, compassionate, and direct as you can be. There is almost no doubt that the two of you will have some disagreement on an issue in your case. That does not mean that yours is all of a sudden, a fault-based divorce or that a no-fault divorce cannot work. All it means is that you all are beginning to have productive discussions about a contentious subject. Some amount of arguing and disagreement is to be expected.
No-fault divorces place greater emphasis on the issues rather than the people
A necessary part of a divorce based on fault grounds is a heavy focus on the fault grounds themselves. This is not to say that the subject matter which makes up the fault grounds is not important to your marriage. To allege and prove a fault ground is somewhat difficult. You need evidence to begin to prove the fault ground. Next, you need to be able to show that circumstances played a significant role in the breakup of your marriage. Getting to this point takes time and planning.
Since fall grounds are an additional step, you need to prove in your case it necessarily takes time away from are important subjects. Divorce cases almost always involve some amount of community property division. Additionally, many divorces also involve child custody issues for minor children. Once you can establish a fault ground you also need to negotiate over these two critical subjects. With that said, there is only so much time in a day. By spending more time on the vaulted ground, you necessarily lose out on time planning about these other two subjects.
What you are left with is a situation where your divorce may end up revolving around proving a fault ground. There is nothing wrong with spending time building your case and preparing for a fall ground. Indeed, there are certain divorces where a fault ground merits this type of attention. However, and many more divorces a fault ground is either not provable or does not result in and net benefit to you. These are the cases where no-fault divorces tend to be in your best interest.
What can a fault-based divorce do for you?
A reasonable question to ask is what benefit does a fault ground-based divorce have? After all, if you can get divorced for no reason at all why go through the effort of trying to prove a fault ground? The reason is that a fault-ground divorce allows for the innocent spouse to gain an advantage in the two areas of a case we just finished discussing. First, when it comes to the division of marital property a disproportionate division of the marital estate is possible when fault grounds are at play. This means that you may be able to win more than a just and right division of your marital estate.
Next, the fault grounds also can impact a divorce when it comes to child custody issues. Consider a situation where adultery played a major role in the breakup of your marriage. Not only was your spouse unfaithful to you, but she had the bad judgment to bring her significant other around your children. The children knew his name it would reference him to you and conversation. This is an extremely disordered circumstance. Your children were harmed by this whether they know it or not.
If you can prove that your spouse committed adultery and then have the adultery impact your children to this degree that is a major factor in your case. You may be able to win primary custody, receive a more favorable visitation schedule, or receive any number of benefits in the case because of this determination. When you are successfully able to allege and prove a fault ground for divorce the impact on your case is tremendous.
Is adultery the key to getting what you want in the divorce?
One of the questions that our attorneys at the Law Office of Bryan Fagan are asked with great frequency is whether adultery is the key to every case. A popular thought in our culture is that by alleging adultery in the divorce petition you guarantee yourself a particular result. Whether it be favorable outcomes with the children or property, adultery is the skeleton key to unlocking all of the different outcomes you want in your case. What we need to determine here today is whether this is true.
While adultery as a fault ground can be impactful on your case it is not always true that adultery ends up being a major difference maker. For one, it is difficult to prove adultery in some situations. The Texas family code has defined adultery for divorce in Texas. That means that not all acts of marital infidelity reached the level of adultery. Emotional infidelity, dating and even kissing another person who is not your spouse does not count as adultery in most situations. There needs to be more to the circumstance than this.
On top of that, the adultery needs to have impacted your marriage in a significant way. Without question, marital infidelity of any kind is heartbreaking and emotionally scarring. That said, there are limits to what adultery can accomplish in a divorce. Proving adultery can be difficult. From there, having the necessary circumstances which can be impacted by divorce is also important. For example, if you have no children and very little marital property then the effects of a fault ground for divorce would be negligible.
Planning your divorce based on fault grounds
As you begin to prepare for your divorce case, it is important to think about the actual benefit that can be gained from alleging fault grounds for divorce. Fault grounds exist for a reason. There are certainly cases where a fault ground for divorce is something helpful and logical to include in your petition or counter-petition. That said, there are still more divorces where the potential benefit of the foreground is minimal.
This is where planning comes into play. As you go through your options in the case you need to have a specific plan in mind when it comes to how you will proceed. Being intentional and goal-oriented in the planning stages of your divorce is essential. Do not go through the divorce with no plan in mind. Rather, take advantage of the time you must think about the major issues in your case. From there, develop a plan oriented towards those goals.
No matter if a no-fault divorce is right for you or not, the attorneys with the Law Office of Bryan Fagan are here to help. We know how to serve individuals and families going through divorce. We do so on behalf of families just like yours. Thank you for choosing to spend part of your day with us here on the blog for the Law Office of Bryan Fagan. We post unique and informative content here each day of the week.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
