Texas No-Fault Divorce
Divorce can put you and your children in emotional and stressful roller coaster. Issues that make a divorce complicated include property division, child support, spousal support and others. Some people chose a no-fault divorce to make the whole process less complicated. A no-fault divorce is a type of divorce where a party does not have to prove any fault on the part of the other spouse when filing for divorce.
Understanding No-Fault Divorce
No-fault divorce involves a party filing for a divorce on “insupportable” grounds, which simply means that they are divorcing simply because they can’t get along. Other people chose to file for divorce on specific grounds such as adultery, cruel treatment or domestic violence. If you file on such specific grounds, you will be required to provide proof.
A no-fault divorce allows you to maintain a civil relationship with each other because it is a more peaceful way to break the marriage. That means that if there are children involved, the aftermath of the divorce is much easier for them to deal with. In addition, a no –fault divorce puts you and your ex on an equal playing field. An equal playing field allows for equal asset retention by the parties involved.
Dividing Property
Texas law requires a just and right division of property after divorce, not property division on a 50/50 basis. A right and just division can be 60/50 or 45/55. All property and income that the divorcing parties accumulated in marriage will be subject to property division. However, property that specifically belongs to a party involved in the divorce cannot be divided. The kind of property that is owned by only one spouse is called separate property. Separate property includes:
- Property a spouse had before getting married
- Property that only one spouse inherited
- Recoveries from personal injury sustained by one spouse
- Property received as a gift by only one spouse
You will need to prove that a certain property solely belongs to you for it to be considered separate property. The rest of the property is called community property, which can be divided during a divorce. The court can divide community property based on income disparity of the spouses, fault of the divorce, health of each spouse, which spouse has custody, and more. However, you should know that a court may divide the property in a way each spouse does not find satisfactory. In that case you may need to include property division during the mediation stage of your divorce.
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Should You File For A No-Fault Divorce?
People decide to divorce for different reasons. Sometimes one party’s behavior is what leads to the divorce, and other times both parties are responsible for the divorce. Even if the parties decide to divorce, things such as prenuptial agreements can make the divorce process be finalized in a different way compared to other divorces. If the divorce is a result of a party committing adultery, you may be tempted to use that as ground for divorce. But this may only complicate the process and make it take longer than you would want. A no-fault divorce provides an opportunity for the parties to have a more civil divorce, which is great if there are kids involved. It allows for reasonable discussions about child support and custody.
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