No Fault Divorce
What is No Fault Divorce?
A Texas no fault divorce is a divorce that begins with the initial pleading that basically says the marriage relationship is over and there isn’t going to be a reconciliation, in legal divorce terminology. In Texas, it is enough to say that the marriage relationship is over, and can’t be fixed when filing for divorce. And, the court can find that the legal grounds for divorce have been met with evidence from one of the spouses that the marriage relationship is over. Of course, the other divorce evidence is still needed for the court to grant a divorce, but no fault grounds are enough for the marital relationship part of the divorce evidence.
The no fault divorce language will be contained in the Original Petition for Divorce in place of fault grounds for divorce when it is used to begin a divorce. It can also be used in a Counterpetition for Divorce. The language in accordance with the Texas Family Code includes this such as “marriage has become insupportable”, “discord”, “conflict”. Neither the husband or the wife is charged with any wrongdoing or bad acts when the no fault divorce language is used on an Original Petition for Divorce or a Counterpetition for Divorce. The no fault ground language is about the decline of the marriage relationship and that the marriage can’t go on any longer rather than about a spouse in divorce.
No fault divorce language is different from fault grounds for divorce because neither spouse has to contain any particular wrong the other spouse has committed in order to file for divorce. The couple doesn’t have to contain their marital conflicts in pleadings which are public records. Their private lives can remain private in the initial divorce pleadings.
When one wants to plead grounds for divorce the options generally require listing the wrongdoing of your spouse, but not all grounds for divorce are bad acts. The options for pleading grounds are adultery, cruelty, felony conviction, living party, abandonment or confinement in a mental hospital. And, certainly there are times when pleading grounds for divorce is the absolute necessary and right decision. There are consequences and effects for the divorce if these facts, bad acts and/or wrongdoing by your spouse are occurring. Using and pleading grounds for divorce can have an effect on the property division in divorce, the debt and liabilities in divorce, the divorce temporary orders, the temporary spousal support and spousal maintenance. These things are facts in your divorce that must be discussed fully with your divorce attorney.
The choice regarding no fault divorce grounds and pleading a specific ground for divorce is something to be discussed at length with your attorney. It is always best practice to tell your divorce lawyer everything about your case so that your divorce attorney can advise you with full awareness and knowledge of the facts in your divorce and marriage.
This post isn’t legal advice. The choice to plead grounds in your divorce or use no fault grounds should be discussed with an experienced divorce attorney. Call experienced Denton divorce attorney Jill O’Connell today – 940-497-5454.