Some divorcing couples may have a specific fault-based reason for their split, including adultery or a felony conviction. However, for most couples, their split may simply be because they are no longer compatible or desirous of a relationship with their spouse. Fortunately, the Texas Family Code, the body of laws that governs marriage, divorce, and divorce settlement issues like child custody and alimony, permits both fault- and non-fault-based divorces.
When filing for divorce, you have several options. The one you select may impact your divorce settlement and your future. Our Frisco divorce attorneys can help you understand whether a fault-based divorce is right for your situation.
Texas is a no-fault divorce state, with fault-based options
Although Texas permits fault-based divorces, it’s generally a no-fault state for divorce. The grounds for divorce are broader than in states where you must list a fault or cause for the divorce.
Most divorcing couples opt for the no-fault-based divorce, as the process can be completed faster, with fewer legal requirements to be met.
No-fault divorce requirements
The spouse filing for a no-fault divorce does not need to prove any wrongdoing on the part of their spouse, nor do they have to prove that their spouse is the one responsible for the breakdown of the marriage. Simply listing that the marriage is unsustainable is sufficient.
There are actually three “no-fault grounds” for divorce:
- Irreconcilable differences
- Confinement to a mental hospital for a duration of at least three years
- Living apart without cohabitation for at least three years
A spouse filing for a no-fault divorce under irreconcilable differences, is not required to prove any claims, so there is no opportunity for the other spouse to refute the filing spouse’s claims; anything that they cite in a no-fault petition isn’t typically considered by the court. No-fault divorces also mean that one spouse can file, even if the other doesn’t agree.
If you want a divorce but know your spouse doesn’t, a no-fault divorce citing irreconcilable differences may be your best option.
Any divorce, fault or no-fault based, has a mandatory 60-day waiting period before the court finalizes it. However, before the divorce is finalized, you and your spouse must settle matters like division of property and debts, child possession and support, and possible spousal support. Most couples can have disagreements onleast one of these issues, so they usually need more than the 60-day minimum to arrive at a compromise for the divorce settlement.
Requirements for a fault-based divorce in Texas
Although no-fault divorces are the most common ones filed in Texas, the state does permit divorce to be filed due to one of four fault-based reasons:
- Adultery: Any extra-marital relationship initiated before the divorce is final is considered adultery. Suppose you can prove that your spouse cheated on you. In that case, the judge’s decisions in contested matters, especially those regarding property division, may favor you if you prove that the affair involved the dissipation of marital assets.
- Cruelty: Cruelty, in the context of Texas divorce, means that your spouse treated you in such a manner that it renders you unable to live with them. This category is a little open to interpretation, but if your spouse has a documented history of abuse, including charges involving domestic violence, this reason should be fairly easy to prove.
- Abandonment: Your spouse voluntarily left you with the purpose of abandoning you and the marriage (i.e., not deployed in the military or working elsewhere for a job).
- Felony conviction: If your spouse’s felony conviction resulted in incarceration of at least one year, you may file for fault-based divorce.
Any fault-based divorce petition requires substantial proof for a judge to approve it. The advice of an experienced divorce attorney can help you collect the right proof and properly present it to the court.
Filing for a no-fault divorce in Frisco, Texas
Filing for a no-fault divorce is fairly straightforward: You complete the petition, submit additional documentation if you and your spouse share child custody, and file the petition and other required paperwork with the Collin County court.
At least one of you must be classified as a continuous resident of Texas (living here at least six months). You must also file in the county you live in—for Frisco, this is either Collin County or Denton County—and you must have lived in the county for at least 90 days.
Even though you don’t need to provide a reason beyond fundamental incompatibility to file for a divorce, there are still many ways that working with a Frisco divorce attorney can help you achieve the best possible divorce settlement. At Albin Oldner Law, PLLC, we advocate for your interests in both no-fault and fault-based divorces. Contact us at (214) 423-5100 for a personalized consultation.
