3 Things You Should Know About Filing a No-Fault Divorce in McAllen     

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.


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