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What is the difference between fault and no-fault based in divorce?

Posted by admin on July 24, 2017

In Texas, a couple may be granted divorce by a fault or no-fault requirement. If you are in a situation where you feel that you need a divorce, it is important to know what you will be getting into. You may also be in a situation where your partner is the one seeking to divorce. All in all, the laws in Texas lay out the grounds under which the two may apply.

Fault-Based Divorce
In Texas, the court will grant you a divorce if you can prove that your husband or wife has damaged your marital institution by omission or commission of several actions. An Austin Divorce Lawyer will inform you that one ground for divorce is your partner treating you cruelly or inhumanly. They may have abandoned you for more than one year.

Your partners may also have been confined in prison for more than three consecutive years since the date of marriage. Your partner may also have committed adultery or repeatedly exposed themselves in situations that would easily permit such an act.

No-Fault-Based Divorce

There are usually a few grounds for no-fault based divorce in Texas since the state is interested in preserving as many marriages as possible. An Austin Divorce Lawyer will tell you that you may be granted a divorce if you and your partner have been living apart for more than a year following a court decree. The court may also grant you a divorce if you have been living apart following a Separation Agreement for at least one year.

Fault divorce will be granted by a court if one party can prove that a statute required for divorce has been violated by the other partner. One the other hand, a no-fault divorce is a scenario where no one will be required to prove the grounds for divorce. If you are in Austin and looking for a professional lawyer who will guide you all the way during the divorce process, call us at Jackson Law Firm.

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