When seeking a divorce in Texas, filing spouses must choose between two classifications for their divorce, those being either a fault divorce or a no fault divorce.
Of the two options, divorce attorneys suggest that no fault divorces are preferable and most common, but not required.
Before any spouse decides to file their Texas divorce based on fault, divorce lawyers recommend that they understand the difference between the two and why no fault divorces are preferred by most individuals as well as the courts.
How Do Fault And No Fault Divorces Differ?
When filing a no fault divorce, spouses do so under the simple agreement that they no longer wish to be married and neither is at fault.
This agreement means that there was no misconduct that led to the spouses wanting to divorce and there is no blame or guilt to be placed on either party.
Alternately, spouses filing with the assistance of their divorce lawyer based on fault typically do so when the other spouse has committed some kind of misconduct that has affected the marriage.
That could include adultery, abuse or cruelty of any kind, abandonment, felony convictions, or other qualifying reasons.
No Fault Divorces Are Often Easier on All Involved Parties
Considering the fact that no fault divorces start out with both spouses in agreement, they are usually easier for divorce attorneys and their clients to work through.
Agreeing that the marriage should be terminated simply due to spouses becoming distanced and no longer wanting to remain together makes the decision-making process, as well as the process of dividing marital property, less stressful.
Also, no fault divorces are typically uncontested by both spouses, which makes the process even easier.
If a spouse does contest being served even if it is a no fault filing, only then may the filing spouse need to file again with fault so the court can hear the case and determine whether it should be granted.
Work With An Experienced Divorce Lawyer
Ultimately, the reason why no fault divorces are preferred in Texas by most spouses, their divorce lawyers and even the family court is simply that they are easier to work through when everyone is in agreement.
With no wrongdoing from either party and no need to prove fault for consideration by the court, divorce attorneys and their clients can negotiate on their own to produce a divorce agreement that can then be presented to the court for approval.
No fault divorces leave the decision-making in the hands of the two spouses and their attorneys, giving spouses the most control for progressing to a fair and favorable outcome for both.