Many people are confused about the “no-fault” divorce law that Texas adopted years ago. The no-fault law does not mean that you cannot file a fault-based divorce. The no-fault law simply means that people can get a divorce when they want a divorce without having to provide a reason. Talk to an experienced divorce lawyer in Texas if you are thinking of filing for divorce.
Contents
How It Used To Be Before No-Fault Law
How Long Does A No-Fault Divorce Take In Texas?
In the past, you could only file for divorce if the other party had committed some misconduct. You also had to provide evidence of the misconduct if the other party denied your accusations. So, the most common fault-based grounds during that time included mental cruelty, physical cruelty, and abandonment.
The state used the fault-based system to keep spouses married. Spouses that could not prove misconduct had to stay married but could separate from the other spouse. However, the separated spouse could not marry another person because it was a crime called bigamy.
What A No-Fault Divorce Means
With the no-fault divorce system, you no longer have to care about the reason for wanting a divorce. As long as the marriage has become insupportable or the spouses are in conflict and there is no hope for reconciliation, the court will grant the divorce without requiring proof of misconduct. The introduction of this new system created some confusion.
Texas law now views marriage almost like a business partnership, and just like business partners, the partnership should end if one partner no longer wants to stay in the partnership. But you can still allege fault when you file for divorce. People still file for divorce based on fault grounds such as cruelty and adultery.
Why People Still Plead Fault In A Divorce
One of the main reasons why people plead fault is because it may affect property division. The divorce court is required by law to make a just and right division of property. Ideally, a just and right division would involve each party receiving 50% of the marital property.
But the court considers several factors in the property division process including cruelty and adultery. The spouse accused of misconduct risks only getting 40% or even 35% of the marital property if the other spouse proves their cruelty or adultery. Judges have been known to take everything from parties proven to have been physically abusive to their spouses.
The only property the court cannot touch is separate property. This is the property that a spouse owned before the marriage and gifts or inheritance the spouse received during the marriage.
Is Texas A No-Fault State When It Comes To Divorce
Divorce is complex and can really test your emotional limits. But expert legal help can make the process easier on you, your spouse, and your children. Your attorney can guide you on the steps you need to take during the mandatory waiting period, and what you need to do to help your case end quicker.
Your lawyer can also help you when you are identifying your separate and community property. Your lawyer will help protect your interest as far as child custody and child support is concerned.
