Divorce is often difficult, no matter the cause. In Texas, divorces can be granted based on fault or no-fault of the spouses. A no-fault divorce can be a more straightforward process if the spouses agree to all or most aspects of their divorce, but it can also be contested. Alternatively, a fault based divorce will likely be highly contested. No-fault divorce in Texas enables couples to move forward without assigning blame, making it a popular choice for those who may want a more amicable divorce. At The Stout Law Firm, PLLC, we help individuals navigate the divorce process, regardless of whether or not the fault of one or both spouses is at issue.
Is Texas a No-Fault Divorce State?
Yes, Texas is a no-fault divorce state, meaning that spouses can pursue a divorce without having to prove fault, such as infidelity or cruelty. Instead, a no-fault divorce is based on “insupportability,” indicating that the marriage cannot be sustained. This option allows spouses to divorce without having to prove the fault of a spouse and divulge potentially sensitive or complex details about their relationship.
Texas also allows fault-based divorce, and spouses can choose which option best serves their needs when filing for divorce.
Advantages of a No-Fault Divorce in Texas
Opting for a no-fault divorce in Texas offers a range of benefits:
- Simplicity. Because there is no need to establish fault, a no-fault divorce can be simpler and more efficient. This is a relief to many who want a quick, painless a divorce so they can move forward with their lives. However, it is important to understand that even no-fault divorces can be complex and contested depending on your case.
- Privacy. A no-fault divorce means the details of the marriage’s demise may be kept private and are not required to be divulged in a courtroom to prove fault. This can be especially important for families and public-facing individuals.
- Reduced conflict. There is no need to assign blame or prove fault, so spouses may experience less conflict, animosity, or finger-pointing, which can help when negotiating settlements and custody arrangements.
These factors can make the divorce process less emotionally charged, allowing you and your spouse to focus on a fair and respectful divorce.
Requirements for Texas No-Fault Divorce
Filing for a no-fault divorce in Texas involves several key steps:
- Residency requirement. At least one spouse must have lived in Texas for at least six months prior to filing for divorce and in the county where they are filing for at least 90 days prior to filing for divorce.
- Insupportability. When filing a no-fault divorce, the filing spouse (i.e., the petitioner) should state that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
- Waiting period. Texas requires a 60-day waiting period from the date of filing before the divorce can be finalized. This period is designed to allow couples a cooling-off period to be sure they want to proceed before a judge signs the final divorce decree.
These requirements create a straightforward process that allows couples to focus on resolution rather than conflict. Our experienced attorneys at the Stout Law Firm, PLLC can help you meet each requirement smoothly.
How Our Attorneys Can Assist with Your No-Fault Divorce
Our team at the Stout Law Firm, PLLC, provides personalized guidance that can help you reach a fair resolution on the following matters:
- Property division. Texas is a community property state, meaning marital property is divided in a just and right manner between the spouses. Our attorneys will assist you in identifying and valuing assets and liabilities to ensure a balanced and favorable division.
- Child custody and support. If you have children, we will work to create a custody and support arrangement that meets your children’s needs and protects your parental rights.
- Spousal support. In some cases, one spouse may be eligible for spousal support. Our team will help determine whether support is applicable and ensure fair terms.
Our attorneys at the Stout Law Firm, PLLC, are committed to helping you achieve outcomes that best serve you and your family.
Are You Interested in Learning More About No-Fault Divorces in Texas?
If divorce is on the horizon and you and your spouse are looking for the most efficient process, a no-fault divorce may be a good option to consider. At the Stout Law Firm, PLLC, we pride ourselves on providing honest, straightforward legal advice specifically designed for your unique needs. We are keenly aware of the negative impact that a long, drawn-out divorce can have on everyone involved, and we are here to help you avoid that possibility. To schedule a consultation, call the Stout Law Firm, PLLC, or contact us online today.
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