Filing for divorce is always a difficult decision. The divorce process can be simple or complex, depending on how you and your spouse work together to resolve it. In the instance of no-fault divorce, this is one of the quickest ways to dissolve a marriage as it affords both parties a less contentious situation overall.

A no-fault divorce is often granted on irreconcilable differences, so there is little opportunity for any fabricated evidence. It allows for smoother negotiation, a shorter hearing, and more privacy than a fault divorce.

With this type of divorce, you also can keep your overall legal costs down and ensure a less stressful situation for your children if they are part of your divorce.

What are the Cons of a No-Fault Divorce?

A no-fault divorce is a faster way to get divorced with the cooperation of both spouses. When one spouse isn’t agreeable, it can extend the court proceedings and add some complication, time, and money to the process.

Another thing to be mindful of when considering a no-fault divorce is your inability to mention specific reasons related to the divorce as you would in a fault-based divorce. The no-fault approach might hinder your ability to get sole child custody if that’s your goal, or it could influence child support.

A family law attorney can help you determine the best approach based on your relationship with your former spouse and if it will help your case to highlight the details.

What is a Fault-Based Divorce?

Couples in Texas can choose between a no-fault divorce and a fault-based divorce. Unlike a no-fault divorce, a fault-based divorce cites a specific reason for dissolving the marriage.

Reasons for a fault-based divorce might include adultery, domestic violence, impotence, or a drug and alcohol addiction. Some people highlight these reasons in a divorce if it helps their case when seeking child custody, child support, or alimony payments.

It is up to the person or couple seeking a divorce to cite the reason—if it’s relevant—as the state honors no-fault divorces, too.

What Are the Requirements for a No-Fault Divorce?

No-fault divorces are the most common type of divorce in Texas. When two spouses agree that they no longer want to be married, they can jointly agree to file a no-fault divorce petition.

In doing so, both parties agree there is no blame, guilt, or any misconduct that caused the marriage to end. The state has a 60-day waiting period before a divorce can be finalized, and in most cases, divorce can take six months to one year to complete.

Use this valuable time to speak with our attorneys to see how we can help minimize the timeline, avoid disputes with your spouse, and avoid legal issues. Contact us today: (254) 323-5506.