Most states in the nation are either no-fault states or fault states when it comes to divorce.However, the state of Texas recognizes both types of divorce. Our divorce attorneys discuss the differences below.
The No-Fault Divorce
When you file a petition for divorce in Texas, you will have to state your grounds for divorce. In supportability is the only reason for divorce that does not point the finger of blame on either party. It means that you mutually decide to end the marriage, due to irreconcilable differences. You agree that the marriage should not continue and that you no longer want to be married to one another.
Agreeing to dissolve the marriage this way usually means that you can have an amicable divorce. This is especially true if you can agree on child custody, visitation, and support issues. Hopefully, you want to make the division of property go smoothly as well. These divorces are usually a matter of filing, waiting the time required, and then going to court when the judge signs the papers to finalize the divorce.
The Fault Divorce
The grounds for a fault divorce can be varied, and include:
- Conviction of a felony and imprisoned for at least one year
You can divorce your spouse if they have been convicted of a felony and have been incarcerated for at least one year without parole. There is one catch, if your testimony caused your spouse to be imprisoned, you may not use this as grounds for divorce.
This is pretty straightforward. If your spouse is engaged in a sexual relationship with someone else, they are committing adultery.
Cruelty can take several forms. If you are being physically, psychologically, or emotionally abused, that is cruelty. If your spouse has an anger management problem and is constantly going into a rage, this also qualifies as cruelty.
If your spouse leaves the house and stays away for periods of time, and won’t tell you where they are going, that’s cruelty. In most circumstances, it’s easy enough to make the case that you no longer want to remain in the relationship.
Abandonment is used as grounds for a fault divorce when your spouse has moved out. If they have remained gone for a period of a year or longer, with no plans to return, you can claim abandonment.
- Living separate and apart
Once you and your spouse have been living apart for three years or more, you can file for a divorce using these grounds.
- Confinement in a mental hospital
If your spouse has been confined to a mental health institution for at least three years, and it looks like there is no chance for recovery, these are acceptable grounds for a fault divorce.
Proving at Fault Divorce
One of the main differences between a no-fault divorce and a fault divorce is the need for evidence. You will need to prove fault by providing testimony, witnesses, and evidence. Your inability to do so will affect the outcome of your case. Hire a divorce attorney to advise you and work with you to prove fault in the divorce.