Divorce Guide

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Texas No Fault Divorce

According to Texas no fault divorce laws, one can obtain divorce on the basis of no fault where the spouse needs to simply state the marriage has become “insupportable” because conflict has broken the relationship down. No fault divorce can also be awarded to the couple if they have been living separately for the last three years prior to filing of divorce with no cohabitation. Here, the need to establish an evidence to prove the breakdown of marriage is not required.

Property division in Texas no fault divorce

In most of the no fault divorce cases in Texas, the spouses attempt to settle the matter of property division among themselves, outside the court. This saves a lot of their time and also is extremely economical. However, the cases of divorce are very complex with many spouses not reconciling over matters of property division and debts settlement. They may be asked to participate in divorce mediation then. If they are still unable to settle their differences, then courts may be asked to intervene and the contested divorce goes for trial.

Texas is a “community property state” where the property acquired between the parties during the course of the marriage are split up into two halves and handed over to the spouses. Here there is also an attempt to divide the property so that no injustice is done to any party. Yet, the separate property of the spouses which they he/she may have acquired before the marriage or compensation received due to physical injury etc is not divided.

Child custody in TX no-fault divorce

The matter of child custody and visitations are usually settled among the spouses “outside the marriage” so that the child does not get involved in the bitter court battles. They may be asked to participate in custody mediation so that a sound parenting plan and visitation schedule can be formed. If the disputes between the parents persist regarding this matter, then the courts are likely to intervene then. While awarding custody of the child, courts ensure that “the best interests of the child” are not compromised and the welfare and security of the child must be safeguarded. If a parent raises an objection that the presence of the other parent is detrimental to the child, then custody orders are modified and that parent may not get the custody of the child.

Choosing between the two grounds of fault is indeed a tricky matter if there is “wrongdoing” on the part of the other spouse. Many spouses choose to file no fault grounds for divorce despite faults, as they wish to avoid the acrimonious court battles that they may face proving the grounds. Moreover, a divorce trial may take longer and also involve a lot of money. You may file for fault grounds if you are sure to have an edge over your spouse on matters of custody or property division. If the case is strong them the entire process of “fault” grounds may also be less. Your attorney would be the best guide.

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