While many couples filing for divorce may choose to file for a fault divorce, many individuals may choose a no-fault divorce as the best option. A no-fault divorce simply means that blame for a divorce is not placed on one individual over another, while a fault divorce requires that blame for the divorce is placed on an individual. A no-fault divorce is often filed when the reason for divorce is irreconcilable differences. Filing for a no-fault divorce can also provide a number of benefits to couples seeking a divorce.
Benefits of No-Fault Divorce
Advantages of a no-fault divorce filing include:
- Reduced time in court, resulting in financial savings
- No reason to fabricate evidence against a spouse during divorce proceedings
- Increased privacy of divorce proceedings
- More time-efficient proceedings
Along with these benefits, avoiding the legal battles that often come along with a fault divorce can make the already difficult process of divorce easier to deal with. Regardless of the type of divorce, a couple proceeds with, however, having the assistance of an experienced divorce lawyer can be an invaluable asset in easing the process.
Fault vs. No-Fault Divorce
In the state of Texas, it is possible to file for either a “no-fault” or a “fault” divorce depending on the situation and reason for divorce. Whether a divorce is granted as with fault or as a no-fault divorce can have a significant effect on many post-marital issues such as child support, child custody, and alimony payments. Thus, it is important to understand if your situation qualifies as a fault or no-fault divorce
Grounds for a “Fault” Divorce
Under Texas law, people can file for no-fault divorce on the grounds of irreconcilable differences; however, in order to get a fault-based divorce, there must be reasonable evidence of at least one of the following:
- Emotional or physical cruelty
- Desertion for an extended period of time
- Lengthy imprisonment
By filing for a fault divorce, you could fight for more favorable decisions regarding custody, alimony, and property division.
If you are considering filing for a no-fault divorce, the Houston lawyers at Holmes, Diggs & Sadler have the experience necessary to help you through the legal proceedings and complete every step of the divorce process correctly. Our lawyers understand how emotional a divorce can be and we are ready to give you the best legal advice possible.