When getting a divorce, one of the first decisions you’ll have to make is deciding on either filing for a no-fault or fault divorce. A no-fault divorce is chosen when a spouse believes their relationship can’t be fixed and neither partner is at fault. However, a fault divorce is an option if a spouse was abusive, cheating, etc., but this is a topic for another day. Learn more about no-fault divorces below.
How to File in Texas
To file for a no-fault divorce in Texas, one spouse must be a resident of the state for at least six months. Even if the marriage didn’t happen in Texas, divorcing is possible if:
- The marriage is legally valid.
- Either spouse has lived for at least 90 days in the county where they plan to divorce.
Terms to Know
The spouse filing for a divorce is the petitioner and the other is the respondent. Many complicated terms and questions will come up in a divorce, so reach out to our attorneys for help. If one of the spouses can’t afford an attorney, the other can pay for “interim attorney fees.” This can be granted if:
- One spouse hired an attorney first.
- One spouse is wealthier than the other.
- Certain issues come up during the process, such as disagreements over divorce terms.
Why a No-Fault Divorce?
One benefit of filing for a no-fault divorce is neither spouse having to prove that the other did something to jeopardize the marriage. Other benefits include:
- A spouse being unable to prevent the other from filing.
- Less conflict between spouses during the divorce hearing.
- A possibly less expensive or quicker procedure if both spouses are amicable.
Contact Our Divorce Attorneys
Contact our divorce attorneys in McAllen for more information about filing for a no-fault divorce.