One little-discussed part of divorce in Texas is how many couples will stay together during the holidays and initiate their divorce after the first of the year. January is typically the busiest month for divorce filings, with the first Monday after children return to school as the day people call attorneys or file for their divorce.
While “no-fault” divorces are available in Texas, there is some discussion of getting rid of “no-fault” divorce in the Lone Star State. Until then, no-fault is still available as an option.
Why File A “Fault” Divorce?
There may be specific reasons why you would want to file a “fault” divorce. There are six causes available to use for this type of divorce:
- Living apart for a period of more than three years
- Conviction of a felony
- Confinement in a mental hospital for more than three years
- Abandonment (one year or more)
Using one of these grounds will require you to prove fault. Like most cases, you will have to produce evidence to support your claim. Your spouse can contest the divorce, so you’ll have to make sure you can offer sufficient evidence and testimony to prove your claim.
While a no-fault may be easier, a fault-based divorce may, under certain circumstances, give the filing spouse a better share of the marital assets if the fault can be proven.
Determining The Fault
The court will decide,based on evidence and testimony, that one spouse’s behavior meets one of the standards for making the marriage in-supportable and causing the divorce. You will only have to prove that your spouse committed this behavior.
The downside is that with a “fault” divorce, you will be required to open up your personal life in court, and “air dirty laundry in public.” One of the benefits of a “no-fault”divorce is that you just ask the court to dissolve the marriage based on its “insupportability.”
Condonation In A Divorce
So what do you do if your spouse files a fault divorce, but you can contest the allegations? Condonation is a process that allows you to contest the grounds for divorce and have it reverted to a no-fault divorce, based on the filing spouse “condoning” the other’s specific behavior However, you’ll have to meet two criteria:
- your spouse previously forgave your fault actions, and
- you are truly remorseful and since your spouse forgave you, you did not commit the act again
This option is only available if the judge believes that reconciliation is a possibility. It also helps free up the court calendar by converting them to the easier, no-fault divorce.
Fort Worth’s Compassionate Divorce Attorney
Wendy L. Hart is an experienced family law attorney helping people throughout Tarrant County who need help in a divorce. As a divorcee herself, Wendy understands the process as well as the difficulties involved. We represent both for men and women. We’ll make sure you’re treated fairly, and will protect your interests and your children.