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No-Fault Divorce in Texas

Texas law offers a more straightforward path with the concept of No-Fault Divorce. This legal option simplifies the process, allowing couples to dissolve their marriage without the need to prove wrongdoing. Our latest blog explores how No-Fault Divorce in Texas works, its implications, and what it means for those considering this route. Whether it’s a matter of irreconcilable differences or simply seeking a smoother transition, understanding this aspect of Texas family law is crucial.

No-Fault Divorce in Texas

Understanding Texas Divorce: From Fault-Based Grounds to No-Fault Options

Gone are the days in Texas when divorcing your spouse required a specified reason, such as abuse, financial misconduct, or infidelity. These reasons once stood as necessary grounds to initiate a divorce process.

Today, the landscape of divorce in Texas has evolved, introducing the concept of “no fault” divorce. This allows individuals to file for divorce due to irreconcilable differences, which covers any dispute, big or small, that renders the marriage irreparable. This could range from significant disagreements on key issues to minor irritations like disliking a spouse’s habits.

However, the traditional route of filing for divorce based on specific faults remains an option. Each method, whether fault-based or no fault, has its own advantages, depending on the unique dynamics of your marital situation. Your choice between these two paths should align with your personal circumstances and the objectives you aim to achieve in your divorce proceedings. This flexibility in the divorce process reflects a more modern and adaptable approach to the dissolution of marriage in Texas, catering to a variety of individual needs and situations.

A Look Back at Divorce in Texas From a Historical Perspective

Texas, like most states, only granted divorces for the sort of specific reasons touched on in the opening section of this blog post. If your spouse meets one of the reasons listed in the Texas Family Code for the breakup of the marriage, a judge may grant you the divorce based on a fault provision. Those reasons are found under Section 6 of the Texas Family Code:

  1. Living apart
  2. Confinement in a mental hospital
  3. Cruelty
  4. Abandonment
  5. Conviction of a felony
  6. Adultery

It is not easy, however, to prove that one of these aforementioned faults actually contributed to the breakup of your marriage. The standard that the court will be looking for is a “preponderance of the evidence” or “more likely than not” that cruelty, for example, was the defining reason why your marriage to your spouse is no longer sustainable.

Comparing Costs: Fault Grounds vs. No Fault Divorce in Texas

No-Fault Divorce in Texas

In order to prove a fault ground it can cost you a lot more than an “no fault” divorce in terms of both time and money. The reason those two expenditures are tied together is because in a divorce case time, for better or worse, equals money.

If you need to present a separate case to prove one of these grounds that will cost you in attorney’s fees and time preparing for a trial. You will also have to wait until a trial to resolve your case rather than possibly settle your case in mediation- where the vast majority of family law cases resolve themselves.

A divorce based on a specific fault can allow the aggrieved party to receive a larger share of the community estate. However, for most married people the estate is not large enough to justify the expenditure of money and time necessary to get to that point. This is why most divorces in Texas are counted as No Fault divorces.

The No Fault Divorce and its Development in Texas

Unfortunately, divorces went from being extremely rare in our State to being much more common in recent years. As a result the Texas Legislature eased up on the requirement that a person cite a specific fault in the breakup of the marriage.

Now a person just has to tell a judge that they want a divorce and a “stand in” reason like irreconcilable differences will allow the case to move forward. The fact that many divorces see one spouse wanting to dissolve the marriage while the other does not want to shows just how much easier it is to get a divorce than in decades past.

Even when disputes do occur in no fault divorces, over children or property for example, the disputes do not usually escalate to the point where they may in a fault based divorce case.

How to Determine Which Route Is Best for You When Selecting a Ground for Divorce

No-Fault Divorce in Texas

If you find yourself wondering what is the more appropriate designation for your divorce- fault or no fault, it is best to meet with a licensed family law attorney to discuss your options.

As I mentioned earlier, most divorces in Texas are based on no fault grounds but that does not mean that your situation merits that sort of designation. Many people are unfortunately victims of bad behavior by their spouse that justifies the spending of additional sums of money to prove and have on record that their spouse played a larger than normal role in the breakup of their marriage.

In some marriages with substantial community estates, a Court awarding more than a 50% share to the wronged spouse can offset the extra costs and time needed to prove fault grounds for divorce.

Still other divorces have a child that is the central issue in the case. If a parent has shown a propensity for violence or neglectful behavior, and a fault based divorce can help keep the child safe from danger, then a “fault” divorce is clearly in a party’s best interest to fight for.

The Law Office of Bryan Fagan, PLLC- Experienced divorce attorneys for Texas families

After reading this blog post you may be interested in learning more about the possibilities for your divorce. If you have made up your mind to file for divorce or if you are just contemplating it for the first time, please do not hesitate to contact our office to learn more about our team of divorce attorneys. A consultation for family law matters is free of charge and we are available to meet with you at your convenience six days a week.

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  1. What does Insupportability or No-Fault in a Texas Divorce Mean?
  2. An Explanation of the Grounds for Divorce in Texas
  3. Is Adultery a Crime in Texas?
  4. Can I sue my spouse’s mistress in Texas?
  5. When is, Cheating Considered Adultery in a Texas Divorce?
  6. 6 things You Need to Know Before You File for Divorce in Texas
  7. The Dirty Trick of Hiding Assets During Your Texas Divorce
  8. The Dirty Trick of Engaging in Spousal Starving During a Texas Divorce
  9. Know How Property and Debts are Divided, When Preparing for Your Texas Divorce
  10. How Much Will My Texas Divorce Cost?

Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.

A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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