For most couples, divorce is a stressful and potentially expensive experience that they would prefer to avoid. Aside from dividing households and property and living arrangements, any legal wrangling can keep a divorce ongoing for months or even years. Opting for a no-fault divorce can reduce stress and simplify the process for everyone involved.
Grounds for Divorce vs. No-Fault Divorce
In a “fault-based” divorce, one party must demonstrate the fault by the other spouse. Texas courts recognize a few causes as grounds for a fault divorce:
- Abandonment for at least one year
- Adultery
- Cruelty or inhumane treatment
- Domestic abuse and violence
- Infidelity
- Felony convictions
- Living apart with no cohabitation for at least three years
- Mental incapacitation or confinement for mental illness for three years or longer with no hope of recovery
But if these do not apply, you have another option to make things easier: the No-Fault Divorce.
In it, the couple decides that they are both no longer interested in being married and want to terminate their marital relationship. With the no-fault option, you’re simply telling the court that your marriage is no longer sustainable (‘irreconcilable differences”) and that reconciliation is not a possibility. One party can file the divorce without the other party’s consent. If neither party contests, the divorce can be final in 61 days if there are no other issues to resolve.
The no-fault divorce eliminates back-and-fourth accusations of wrongdoing. By simplifying the process and removing the potential for “airing dirty laundry” in court, the situation changes to divorce without blame and can proceed much more amicably. It can also help avoid the potential for backlogging the court system with expensive litigation.
Child Custody and Community Property Still Apply
Whether fault or no-fault, you will still have to deal with property division and child conservatorship (“custody.”) The same laws surrounding both will apply, and these two issues can also make the process longer.
The court will seek to divide any marital property in a just and fair manner (but not necessarily 50/50) and decide on arrangements for the children. Custody, visitation schedules, and child support will also be addressed separately from the divorce proceeding.
If you and your spouse have no property and no children, a no-fault divorce is a faster solution to assigning fault and waiting for a court to decide your fate.
How Mediation Can Help in a No-Fault Divorce
If you and your spouse are having conflicts during the divorce process, mediation is another option that could make the difference between a fault-based divorce and a divorce without blame. Engaging in alternative dispute resolution can help the process so the divorce can be finalized sooner rather than later. Child conservatorship can also be discussed and finalized in mediation, with your wishes submitted to the court for final decisions.
Interested In A No Fault Divorce?
Wendy L. Hart has been helping people in the Fort Worth area with all their family law issues since 2001. She represents both men and women in divorce, including asset and property division, and mediation, protecting the rights of her clients.
Don’t try to handle a divorce or other family law matter by yourself. Even a no-fault divorce can become complicated quickly. Contact The Law Office of Wendy L. Hart today at (817) 842-2336 and get the help you need to make sure your divorce is as amicable as possible.
