There’s no denying that divorce can be difficult and stressful for both spouses. After getting married, your dream of living happily ever after with your spouse ends with separation and divorce as you navigate a future alone. And If you have children, it only becomes more challenging. An experienced divorce and family law attorney can help make the process as smooth and painless as possible.
At Youngblood Law, PLLC, we offer non-adversarial conflict resolution strategies, including collaborative divorce. In addition, we are experienced in the courtroom and can litigate these cases if needed.
Can You File for a No-Fault Divorce?
In short, yes, you can file for a no-fault divorce in Texas. No-fault divorces are the most common types of divorce in Texas.
But before you decide to pursue a no-fault divorce, it is important to understand what it entails. In Texas, a divorce is considered a “no-fault divorce” when no blame for the divorce is assigned to either party. This type of divorce is for spouses who no longer get along for various reasons and do not desire to remain married. When a couple decides to pursue this route for the dissolution of their marriage, each spouse must formally state that neither is to blame for the marriage ending. Speak with one of our experienced divorce attorneys to make sure it is the right path for you to pursue.
What is an Uncontested Divorce?
In Texas, there is also a form of no-fault divorce known as an “uncontested divorce.” These divorces are super-efficient and easy, and generally the quickest means of settling a divorce. An uncontested divorce is a no-fault divorce where both parties agree on the divorce’s specific terms, such as custody, division of assets, etc.
Just as in any divorce, at Youngblood Law, PLLC, we will address each item that needs to be resolved in the divorce, including property division, debt payment, child custody, child support, and spousal support. We will also provide guidance for any complicated situations, such as determining the custody agreement.
Once you and your spouse reach an agreement, your attorney will finalize it and submit the agreement to the court. If approved, the judge can grant the divorce as long as 60 days have passed since filing.
How to File for a No-Fault Divorce
To file for a no-fault divorce in Texas, you have to prepare an Original Petition for Divorce. If you and your spouse have children, documents for custody, visitation rights, and parental duties will also have to be prepared.
It is important to prepare all of the necessary documents completely and accurately. Fortunately, you don’t have to handle this alone. A talented and efficient divorce and family law attorney can help prepare all of the necessary paperwork. At Youngblood Law, PLLC, one of our skilled divorce attorneys will walk you through each step of the process and make sure everything is filled out correctly.
What is an At-Fault Divorce?
In less common circumstances, sometimes filing an “at-fault divorce” is necessary when the two spouses do not agree on separating. If this occurs, the person filing for divorce alleges that their spouse has done something which renders the marriage unable to work. If you choose to file for an at-fault divorce in Texas, you will have to prove that your spouse is responsible for the ending of the marriage. Therefore, you will have to provide evidence. You cannot simply state that the other spouse was at fault. For example, if you allege that your spouse cheated on you, you can provide videos, phone records, and other pieces of evidence to support your claim.
In Texas, the grounds for filing an at-fault divorce are:
- Felony conviction
- Living apart
- Confinement in a mental hospital
Although at-fault divorces are more complex, there are benefits to pursuing one. In such circumstances, the judge can consider the cause of the divorce when making determinations about spousal maintenance, custody, and division of property. That means you may be able to get a more favorable divorce settlement in this type of divorce.
Youngblood Law, PLLC: Definitive, Decisive, Dedicated
At Youngblood Law, PLLC, we provide custom work for each client, understanding that divorce and family law is not a cookie-cutter, one-size-fits-all strategy. For us, success is a way of life. We approach every case with compassion and non-judgment, utilizing our years of experience and knowledge of the law while avoiding unnecessary toxicity. One of our divorce attorneys will handle your divorce with professionalism and competence, setting you up for success moving forward. To schedule your consultation, give us a call at (817) 601-5345 or fill out our online contact form.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.