Managing the complexities of divorce can be challenging. If you are considering a divorce in Texas, it is essential to understand the types of divorces available. Texas recognizes both fault and no-fault divorces, each with its unique characteristics and implications.
No-fault divorce
In Texas, you do not need to prove your spouse’s wrongdoing to file for a divorce. This type is known as a no-fault divorce. The law allows couples to end their marriage by simply stating that it is “insupportable” due to “discord or conflict of personalities.”
The no-fault divorce process is straightforward. It avoids the need for lengthy court battles over who is at fault. Both parties can move forward without pointing fingers. This can make the process less stressful and more amicable.
Yet, even in a no-fault divorce, there are important legal considerations to address. Consulting a divorce attorney can provide valuable guidance. A professional can help you understand your rights and assist in negotiating terms for property division.
Fault-based divorce
Although no-fault divorces are common, Texas also allows fault-based divorces. In these cases, one party must prove that the other did something to harm the marriage. Fault-based divorces can affect the outcomes of alimony, property division, and child support.
Common grounds for fault-based divorces include:
- Adultery: if one spouse cheats, the other can file for divorce on these grounds. Proof of the infidelity is necessary.
- Cruelty: continuous and intentional cruel treatment that causes physical or emotional suffering can be grounds for divorce.
- Felony conviction: a spouse convicted of a felony and imprisoned for over a year can be grounds for divorce.
- Abandonment: if a spouse leaves and does not return for at least one year, the other spouse can file for divorce.
- Separation: living apart without cohabitation for three years can be grounds for divorce.
- Institutionalization: if a spouse is in a mental facility and shows no signs of recovery, this can be grounds for divorce.
Property and support
Texas is a community property state. This means that the court splits any property obtained during the marriage evenly. Yet, each party keeps their separate property. These assets are the ones obtained before the marriage, as well as gifts and inheritances.
Whether you are considering a fault or no-fault divorce, understanding your options can help you make informed decisions. Knowing the different types of divorces in Texas and their implications can ease the process.