No-Fault Divorce in Texas

Fault-Based and No-Fault Options

Every state in the union now has a no-fault option for divorce, including Texas. Fault-based grounds, however, still exist for those whose circumstances may fall under those guidelines. Fault-based divorce grounds, however, require proof that your spouse is guilty of the grounds you are asserting whereas a no-fault divorce does not. Because of this, no-fault divorces have become increasingly popular for couples who wish to part ways without providing the burden of proof in the divorce court.

In Texas, fault-based grounds for a divorce include:

• Cruelty, where one of the spouses claims that the other is guilty of cruel treatment which makes the continuation of the marriage insupportable
• Adultery
• Conviction of a felony, where one of the spouses has been convicted of a felony, has been incarcerated for at least one year in a state or federal prison, and has not received a pardon.
• Abandonment, where one of the spouses has left the other with the intention of abandonment and has been gone for at least one year
• Living apart, where the spouses have lived apart without cohabitation for at least three years
• Confinement in a mental hospital, where one of the spouses has been confined to a state or private mental hospital with a mental disorder(s) for which an adjustment is unlikely.

Even in a no-fault divorce, all divorce-related issues between the parties must be resolved, whether through negotiation or mediation or through litigation in the courts. These issues include child custody, child support, spousal support or maintenance, and division of marital property. Texas is a community property state, which means that the marital assets will generally be split on a 50-50 basis or as equitably as possible.

Getting Legal Assistance from a Woodlands Divorce Lawyer

Due to the stressful and often confusing nature of divorce, it is always wise to consult with an experienced divorce attorney who handles divorces in your local area. By getting the legal information you need to understand all of the various aspects of divorce and how it will affect you on a long-term basis, you can then make informed decisions.

It also helps to have the support and guidance of a legal professional who deals with divorce on a daily basis and who has seen and dealt with every imaginable circumstance connected to this life-changing and difficult process. Woodlands divorce attorney Eric L. Frederickson and his capable legal team have more than 30 years of combined experience handling divorces in Montgomery and Harris County family courts. They offer a free consultation to help you get started with a Texas fault-based or no-fault divorce.

Contact a Woodlands divorce lawyer at the law offices of Eric L. Frederickson, PC today.