Choosing Your Path: No-Fault or Fault Divorce in Angleton
No-fault divorce versus fault divorce in Angleton, Texas presents distinct legal pathways for couples seeking dissolution. Understanding the differences is crucial: No-fault divorce allows couples to end their marriage without assigning blame, focusing instead on irreconcilable differences or separation.
Conversely, Fault divorce requires proving misconduct, such as adultery or cruelty, which can impact property division and alimony. In Angleton, Texas, navigating these options requires insight into local family law statutes and court procedures.
Whether considering the emotional toll or financial implications, choosing between no-fault divorce versus fault divorce in Angleton, Texas demands careful consideration of individual circumstances and legal ramifications.
Quick Summary
Below is an overview of the key points of this blog article.
- A fault divorce requires one spouse to give specific reasons for the breakup, as listed under Texas law. In a no-fault divorce, neither spouse needs to blame the other for the marriage ending. When filing for divorce, you must state the reason, known as the “grounds” for the divorce.
- No-fault divorces are quicker and cheaper because they don’t involve claims of wrongdoing. There are two types: insupportability, which needs no proof of wrongdoing, and living apart for three years. Filing for a no-fault divorce requires documents like the Original Petition for Divorce and extra paperwork if children are involved.
- A fault-based divorce occurs when one spouse’s behavior, such as adultery or abuse, is blamed for the marriage’s failure. The person filing must provide evidence of the fault, which can impact property division, custody, and alimony. After filing, the spouse has a set time to respond, suggesting preferred divorce terms, or they may lose the right to argue these terms. Couples often attend mediation to agree on terms and may go through several hearings before the court signs the final divorce decree, finalizing the divorce.
- A spouse cannot prevent a no-fault divorce in Angleton, Texas, as objecting to the divorce is considered an irreconcilable difference. However, a spouse can stop a fault divorce by proving the fault claims are false or by providing a defense for their actions, such as condonation, connivance, or provocation.
- A fault-based divorce can influence how property is divided, potentially giving more to the spouse deemed responsible for the marriage ending. The court considers factors like each spouse’s earning ability, property brought into the marriage, and any financial agreements. Fault-based divorces can also impact child custody decisions, with the court considering issues like abuse, neglect, or infidelity.
What is the Difference Between Fault and No-Fault Divorce?
When you file for divorce, you’ll need to state why your marriage is ending on your divorce papers. This reason is called the “grounds” for the divorce. The main difference between fault-based and no-fault divorce is that a fault divorce happens when one spouse gives specific reasons for the breakup, as listed under the Texas Family Code. In a no-fault divorce, neither spouse needs to claim the other did something wrong.
How to Get a No-Fault Divorce in Angleton, Texas?
No-fault divorces in Texas can be quicker and cheaper than “fault” divorces because there are no claims of wrongdoing to address. In Texas, there are two types of no-fault divorce: (1) insupportability and (2) living apart for at least three years.
A divorce based on insupportability does not need proof that your spouse did something wrong. You just need to show that the marriage cannot be saved because of problems or disagreements that can’t be fixed. You don’t need to provide evidence of these issues.
In a divorce based on living apart for at least three years, the court must see that you have lived separately from your spouse for three continuous years without living together. It is always wise to consult with a family law attorney who can help you understand your rights and represent your best interests throughout the process.
How to File for No-Fault Divorce?
You need several documents to file for a Texas no-fault divorce, including the Original Petition for Divorce. If you have children with your spouse, you must also complete extra documents about custody, visitation, and each parent’s duties.
An Angleton family law attorney can help you prepare all the necessary paperwork correctly. Once your documents are ready, you will file them at the courthouse in your county. Filing your papers starts the no-fault divorce process in Texas, and you will pay a fee to file them with the court clerk.
If the divorce is not contested, the clerk will set a hearing where a judge will review your divorce agreement with your spouse. If it is contested, your spouse will have a certain amount of time to respond to your petition before you proceed further.
What Are the Grounds for a Fault-Based Divorce in Angleton, Texas?
In Texas, a divorce can be based on fault. This means one spouse claims that the other’s behavior caused the marriage to fail, and the court should consider this misconduct when deciding the divorce. Here are the most common grounds for fault-based divorce in Angleton, Texas:
- Adultery
- Abandonment for one year or more
- Abuse of all types
- Domestic violence
- Felony convictions
- Mental incapacitation
- Mental or physically cruel treatment
After you file for a fault-based divorce, you must provide evidence in court to support the listed fault. If you can prove your spouse was at fault, you may get a larger share of the community property when dividing the marital estate. Proving fault can also affect the judge’s decision about custody or alimony.
What to Expect After Filing for Divorce in Texas?
After you file for divorce, your spouse has a set amount of time to respond to your divorce petition. In their response or counter-petition, your spouse can suggest the divorce terms they prefer. If your spouse does not respond within 20 days of being served, they may lose the right to argue for their preferred terms, including property division and spousal support.
Many couples go to mediation after the spouse responds. In mediation, a neutral third party helps you and your spouse agree on terms. Mediation can make both spouses feel satisfied with the outcome and help maintain a friendly relationship. This is often good for any children from the marriage.
Depending on how many issues are contested, you may have to attend several hearings. Before a hearing, your attorney might gather evidence to support your case. This can include valuing your spouse’s assets or finding evidence of an affair. Once all issues are settled, the court will sign the final divorce decree, which finalizes your divorce.
Can a Spouse Prevent a Court From Granting an Angleton No-Fault Divorce?
A spouse can’t stop the court from granting a no-fault divorce. Objecting to the other spouse’s request for divorce is an irreconcilable difference that justifies the divorce. However, a spouse can stop a fault divorce by proving the fault claims are false. Or, a spouse might admit wrongdoing but give a defense or reason for their behavior, such as:
Condonation
“Condonation” means approving someone’s actions. For example, if a wife didn’t object to her husband’s adultery, the court might say she condoned it. If the wife then sues for divorce, claiming adultery, the husband could argue that she approved of his behavior.
Connivance
“Connivance” means creating a situation where someone is likely to do something wrong. For example, if a wife goes away for a week and invites another woman to stay with her husband, the judge might say she set up his adultery. If the wife sues for divorce, claiming adultery, the husband might defend himself by saying she set up his actions.
Provocation
“Provocation” happens when one spouse encourages or triggers the other to do something wrong. For instance, if a husband wants a divorce because his wife left him, she might defend herself by saying he did things that led to her leaving.
Collusion
Some couples in states that need a separation time for a no-fault divorce might try to speed things up by making up a reason for divorce. This plan to avoid waiting is called “collusion.” If one spouse changes their mind about getting divorced before the judge finalizes it, they could use collusion as a defense.
Does an Angleton Fault-Based Divorce Affect Property Division?
In Texas, a fault-based divorce can impact how property gets divided. If the court decides one spouse is mostly responsible for the marriage ending, that spouse might get more of the marital property.
The court looks at different things when dividing property in a fault-based divorce. This includes each spouse’s ability to earn money, what property they brought into the marriage, and any agreements they made about money.
Can an Angleton Fault-Based Divorce Affect Child Custody?
In the end, the court will decide what’s best for any children involved and will consider fault-based divorces in those decisions. Things like abuse, neglect of children, or having an affair can all be looked at.
Also, if the court thinks one spouse can give a more stable home for the children, that will be part of deciding who gets primary custody.
Advocating for Your Best Interests in Angleton, Texas
At Scott M. Brown & Associates, we understand the complexities involved in navigating no-fault divorce versus fault divorce in Angleton, Texas. Our team of trusted family law attorneys is dedicated to guiding you through every step of the process with compassion and dedication.
We prioritize achieving favorable outcomes tailored to your unique situation, whether you’re seeking an amicable resolution through no-fault grounds or addressing challenging issues in a fault-based divorce. Our Angleton family law attorneys are committed to helping you understand your legal options clearly.
We strive to provide supportive counsel that enables you to make informed decisions about your future. With a focus on reliability and trustworthiness, we are here to advocate for your best interests and provide the guidance you need during this difficult time.
Trust Scott M. Brown & Associates to navigate the complexities of divorce law and support you with compassionate legal representation. Our legal team can also assist you with Criminal Defense and Personal Injury in Angleton, Texas.
