Types of Divorce in Texas
In the State of Texas, there are two main types of divorce: fault and no-fault. There are different approaches to a divorce a couple can take, including mediation; but when it comes to filing in court, it is only about claiming fault.
No-fault divorce is the most common form of divorce in the state of Texas because of the information that is left out of court proceedings. The parties to the divorce do not allege or have to prove fault in the breakup of the marriage. The language used is: “The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.”
Benefits of No-Fault Divorce
No-fault divorce is preferred by most couples because it can leave a lot of personal information out of the court case. Divorce filings are public documents, and most people don’t want to air their marital differences in a public forum. A No-fault court case will leave any information that could affect moral character out, so it doesn’t become public knowledge.
No-Fault Court Proceedings
During the court proceedings, Judges tend to look less on the fault of the breakup for the marriage and have more concern for what is best for the children of the marriage. Even when fault is not alleged in the filings, a disproportionate share of the community estate may be awarded to the spouse/victim.
Reasons can include factors such as disparity of earnings between the spouses and the ability of each spouse to support themselves after the marriage ends. Also, if the cheating spouse has spent community money on a paramour, the community may have a wasting claim against that spouse.
If a spouse wants to include fault of the marriage, it is usually just a single phrase that says the other spouse has committed adultery. A simple mention or allegation can open the case up to more scrutiny and the need for evidence.
If you need legal assistance, contact our experienced team at Vaught Law Firm today to get the representation you deserve.