Have you reached the point where there is no hope for saving your marriage and you can no longer work through differences with your spouse? Then it might be a time to get a divorce. Under Texas law, there are two types of divorce: no-fault and fault divorces. Below is a detailed description and explanation of both of them.
A no-fault divorce refers to a divorce based on either an “irretrievable breakdown of the marriage” or “irreconcilable differences”. Simply put, a no-fault divorce occurs when a married couple cannot get along and there is no hope for reconciliation. By filing for a no-fault divorce, people let the court know that they are seeking a divorce that is based on irreconcilable differences. In this case, they do not have to explain the exact reasons or provide proof that the divorce is the fault of one of the spouses. In most cases, this type of divorce is less contentious than a fault divorce. However, there may be some other issues regarding spousal support, child support, child custody, and some others that need to be resolved during the divorce case. According to the statistics, most divorces in Texas are no-fault divorces.
How to file a no-fault divorce in Texas
A fault divorce is a type of divorce where one of the spouses is guilty of marital delinquency. It is granted after the spouse asking for the divorce provides proof that the other party did something wrong and is responsible for the ending of the marriage. Among the most common reasons for granting a fault divorce are the following:
There may be a case when both spouses are seeking a fault divorce and both can prove that the other spouse is guilty of marital misconduct. In this case, the court decides which one is least at fault, and that party is granted the divorce. It is known as “comparative rectitude”.
Is it easy to get a fault divorce in Texas?
Most divorces in Texas are no-fault divorces because they are more convenient, easier, and cheaper. Fault divorces are less common and more difficult for several reasons. First, because the evidence is required to prove that the allegations are true. For example, if a spouse has committed adultery, the other spouse has to identify when and where the affair took place and the person who was involved in this affair with the spouse. Moreover, fault divorces take longer and are more expensive than no-fault divorces.
We know that divorce is a stressful and emotional experience. At Setzer Law Firm, we are here to help you and guide you through these trying times. We have over 30 years of combined legal experience and we have helped hundreds of clients throughout Dallas/Fort Worth Metroplex. If there is no hope for marriage reconciliation and you consider getting a divorce, do not hesitate to contact us to arrange the first consultation.