Judges grant no-fault divorces on the ground of insupportability which is similar to irreconcilable differences. It essentially means that neither spouse is pursuing a divorce based on the actions of the other. In the absence of a pleading or a request for the court to enter a finding of fault, then the court grants the divorce on the ground of insupportability. In general, these types of divorces occur when a couple grows apart or one or both parties to a marriage have simply decided that they no longer wish to be married. An Austin no-fault divorce lawyer can help one spouse through this process and negotiate on their behalf.
Filing for a No-Fault Divorce
In most cases, a no-fault divorce is filed because there is no evidence or no basis to support a fault-based divorce. If you can establish fault in a divorce, then it can have an impact on how the community estate is divided. If a couple decides to file a no-fault divorce, then fault is not going to be factored into the court’s determination of either property division or custody. To file a no-fault divorce, a person simply needs to submit a petition for divorce that requests it be granted on the grounds of insupportability. There is no specific evidence that is required for a no-fault divorce because there is no action or behavior that needs to be established. If two people want to get divorced, they are entitled to do so. In fact, even if one spouse is objecting to marriage dissolution, the court is still going to grant a divorce.
It is important to remember Texas has a residency requirement to file for divorce regardless of whether it is based on fault or not. A person filing for a no-fault divorce must have been a resident of the state of Texas for at least six months prior to when they file for divorce. Additionally, they must have been a resident of Travis County for at least the 90-day period prior to filing. A lawyer in Austin can help someone with the process of filing for a no-fault divorce.
Mediation and No-Fault Divorces
Even in a no-fault divorce, spouses are still going to have orders or need to make decisions regarding the division of property and child custody, and there can still be conflict over these matters. As such, there may be factors independent of fault that would support one spouse getting more than 50 percent of the community estate than the other. Some of those factors may include income disparity between the spouses or the age and health of the spouses. All of these factors are unrelated to fault, but they can still result in a divorce that is contested.
Therefore, divorcing parties still attend mediation before going to trial. A no-fault divorce should not be confused with an uncontested divorce. Fault is only one factor that a court may use to make final decision within a divorce case.
Contact an Austin No-Fault Divorce Attorney
Deciding to end your marriage can be a legally complex and emotional process regardless of the circumstances that led to it. If you want to file for marriage dissolution, speak with an Austin no-fault divorce lawyer to discuss your case. Our team can prepare you for this process and work hard to protect your best interests.