No-Fault Divorce in Texas... What to Know?

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What Is a No-Fault Divorce in Texas?

Texas offers a few different legal avenues for couples that wish to end their marriage, and no-fault divorce is one of them. When the relationship is no longer viable, one or both individuals may file for a no-fault divorce. Our attorneys at ALP Law Firm have handled a large number of no-fault divorces and provide some key insights to help you understand this process.

How Do No-Fault Divorces Work in Texas?

In a no-fault divorce, neither the husband nor the wife is assigned any blame for the fact that the marriage is no longer able to continue. They wish to end their relationship and no longer live as husband and wife due to irreconcilable personal differences.

A no-fault divorce is the most common type of divorce in Texas. This type of divorce does not require either spouse to prove that the other spouse was at fault. No-fault divorces still need to be finalized through a court and factors such as child custody, visitation, and support, as well as property division, will need to be addressed.

What Is the Difference Between a No-Fault Divorce and an Uncontested Divorce?

An uncontested divorce is when the couple is in agreement about all aspects of the divorce. They are able to work together to create a plan addressing issues such as how property will be split up and how child custody and support will be taken care of.

The couple will then present their plan to the court and will appear together before a judge who will review their plan and finalize the divorce. An uncontested divorce is a type of no-fault divorce – it simply means both parties can amicably reach an agreement and develop a plan for how things should play out.

What Happens if My Ex-Spouse and I Cannot Agree on the Terms of a No-Fault Divorce?

If a couple cannot agree on one or more aspects of no-fault divorce (a situation referred to as a contested divorce), what usually happens is one side will file a divorce petition setting forth the desired terms for the divorce, and the other spouse will be given around 20 days to respond with their desired conditions. A contested divorce may go through mediation and require several court hearings before the final decree is signed.

Do I Need an Attorney for a No-Fault Divorce?

Even if you are planning to get a no-fault divorce in which you and your ex agree on everything, it is still highly recommended you seek the help of a divorce attorney. Your attorney can play an important role in filing the right documents, preparing you for court hearings, and making sure you are receiving fair treatment. If you are considering a divorce in Bellaire, TX, contact the ALP Law Firm for a case evaluation.

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