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Comparing fault and no-fault divorces

Many of the San Antonio clients that come to us here at The Law Office of Roland R. Esparza, P.C. are not aware of the differences between a “fault” and a “no-fault” divorce. If you are contemplating divorce, you may think that it is simply enough that you no longer wish to be married to your spouse. Depending upon the circumstances of your separation, that very well may be. However, in some cases, whether you plan on seeking a fault or no-fault divorce may need to be stated.

A fault divorce is one that most would equate the term “grounds for divorce” to. Basically, it is you stating that the blame for the desired dissolution of your marriage lies with your spouse. According to the Texas Family Code, the state recognizes the following scenarios as qualifying for grounds for divorce:

  •          Adultery
  •          Abandonment
  •          Cruelty
  •          Living apart
  •          A felony conviction
  •          Confinement to a mental hospital

The circumstances that you choose to cite as your grounds for divorce could potentially give you an advantage when discussing spousal support or the division of you and your spouse’s marital property. It is typically only in these situations where one would want to pursue a fault divorce.

So what if you and your spouse simply can get along anymore? Luckily, Texas is a mixed state when it comes to marital dissolution, meaning you can seek either a fault or no-fault divorce. A no-fault divorce is one involving what most term to be “irreconcilable differences.” In Texas, the term used is “insupportability.” You would cite it if conflicts in yours and your spouse’s personalities made the prospect of overcoming your marital conflicts unlikely.

More information on filing for divorce can be found by continuing to explore our site. 

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