When considering divorce in Texas, many wonder if it operates under a fault or no-fault system. The answer is both. In Texas, couples can choose between fault and no-fault divorces, offering flexibility based on the specific circumstances surrounding the end of the marriage.
Understanding no-fault divorce in Texas
In Texas, the most common route is the no-fault divorce. Here, neither party needs to prove that the other did something wrong. The term “insupportable” often describes a marriage that is no longer viable due to discord or conflict. This approach avoids blaming either spouse or simply acknowledges that reconciliation is not possible.
No-fault divorces tend to be more straightforward. They often result in less conflict, which can be beneficial for all parties involved, especially children.
Fault-based grounds for divorce
While many opt for no-fault divorces, Texas also recognizes fault-based grounds. These can influence decisions on alimony, property division, and child support. Common grounds include:
- Cruelty: this involves intentional and continuous behavior causing physical or emotional suffering.
- Adultery: proof of infidelity can impact property division and custody arrangements.
- Abandonment: if a spouse leaves with no intention to return for a year or more, it is grounds for divorce.
- Felony conviction: incarceration for over a year during the marriage can justify a fault-based divorce.
Fault-based divorces can be more complex. They may require evidence and witnesses, leading to a more contentious process. An experienced attorney can guide you through the legal requirements, help gather necessary evidence and represent your interests effectively in court.
Division of Property and Support
Texas operates under community property laws, meaning that any property acquired during the marriage is shared equally between both spouses. Yet, items considered separate property, such as gifts or inheritances, remain with the individual who originally received them.
Community property includes anything bought together, joint accounts, and even wages earned during the marriage. Each party retains their separate property, which includes assets owned before marriage or obtained after separation.
Texas offers both fault and no-fault divorce options. The choice depends on individual circumstances and the outcomes desired. Knowing these options helps in making informed decisions during a challenging time.