Is a No Fault Divorce Right for You?

When people say ‘no fault divorce’ in Texas they probably mean either they have an agreement with their spouse about dividing their property, assets and liabilities and any issues with their kids or they mean they don’t have an agreement but they don’t want to accuse their soon to be ex-spouse of anything mean or nasty in the filings for divorce.

Either way what that means in the divorce is the document filed asking the court to grant the divorce, Original Petition for Divorce,  will include a statement that says the marriage is over because the spouses don’t get along anymore in specific legal terms.

If that isn’t the way the divorce is headed, the Original Petition for Divorce will list grounds for the divorce, listing the ‘fault’ in a way.  The grounds that can be listed are abandonment, adultery, cruelty, felony conviction, living apart, or confinement in mental hospital.  The documents filed with the court are the ‘pleadings’ in the case.  There are reasons why the lawyer will choose to list grounds or not list specific grounds for the divorce in the Original Petition for Divorce.  Some of those reasons might include property division, temporary orders, temporary spousal support or spousal maintenance.

Your lawyer can discuss the benefits of a no fault divorce and the benefits of using specific reasons for the divorce when they know what is going on in your situation.

By Jill O’Connell

Jill O’Connell can be reached for consultation regarding divorce and family law cases at 940-497-5454.

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