While you undoubtedly have a lot of questions and concerns about your divorce, you may have established that a no-fault divorce is the way to go. In a no-fault divorce, neither one of you is required to prove that the other caused the marriage to fail, which can help take the edge off an already difficult process.
While it’s great to have a plan, it’s also important to know what pursuing a no-fault divorce is likely to mean for you, which can afford you a better handle on your unique case. The most important first step that anyone facing any kind of divorce can take is consulting with an experienced Round Rock divorce lawyer early in the process.
A No-Fault Divorce Doesn’t Mean Your Spouse Bears No-Fault
Many people are confused by the term no-fault as it relates to divorce because it seems to absolve their partners of fault, which may not be indicative of the truth by a long shot. You can seek a no-fault divorce even if your spouse was the direct cause of your failed marriage, which generally translates to adultery or cruelty.
Texas also recognizes other grounds for fault-based divorce, and there are instances when pursuing a divorce based on fault is the best course of action.
A no-fault divorce simply takes the matter of fault out of the equation, which can save time, money, and heartache. To begin, you won’t need to prove your spouse’s cruelty or adulterous affair, which can be challenging to accomplish.
Further, because your divorce is no-fault, there is a very good chance that it will settle out of court, which typically means that it will be less costly. And by not focusing on your spouse’s ugly behaviors and nasty actions, it helps put the brakes on the divorce drama, which can benefit you and your children.
Letting go of your resentment toward your ex is something you can resolve on your own time – in a way that makes sense to you and supports your well-being. It’s not a matter that necessarily needs to be litigated in court.
There are some situations, however, when pursuing a fault-based divorce can be beneficial. In other words, this is another divorce matter in which you’ll need to make the right decisions for you, given the unique circumstances that apply. And your dedicated Round Rock divorce lawyer is standing by to help.
Fault Can Play a Role even in a No-Fault Case
The fact of your spouse’s wrongdoing in your marriage can play a role in your divorce, even if you go the no-fault route. For example, when it comes to the division of marital property in a Texas divorce, the court seeks a just and right split in relation to a wide range of circumstances.
This means that if your spouse was funneling marital funds into a romantic relationship with someone other than you, you may be entitled to a larger portion of your marital estate. Further, if your spouse’s cruelty negatively affects your children, such as if it takes the form of child abuse or neglect, it can impact their parenting time schedule.
Your divorce will proceed in accordance with the specific situation at hand, and your spouse will not necessarily get a free pass for their bad behavior, even if yours is a no-fault case. This can be comforting in the face of a bitter divorce that was precipitated by your spouse’s wrongdoing.
No-Fault Does Not Mean Uncontested
Many people confuse no-fault divorce with uncontested divorce, but they are distinct matters. Most divorces in Texas are uncontested, which means that they are no-fault and are resolved without the court’s intervention regarding the applicable divorce terms.
No-fault divorces are based on what the state calls insupportability, and because most no-fault divorces are settled out of court, most are uncontested. A no-fault divorce, however, can easily make its way to court if there is at least one term that the couple isn’t able to reach a mutually acceptable compromise regarding.
When a case goes to court, it becomes a contested divorce, and when a case settles, it’s an uncontested divorce. Fault-based divorces, however, are always contested because they require the spouse who is seeking a divorce that is based on the other’s wrongdoing to prove the matter, and the divorce terms can be directly affected as a result.
The spouse who is identified as being at fault is very unlikely to go along with their soon-to-be ex’s unfavorable assessment of them, which means these cases generally head directly to court.
A No-Fault Divorce Does Not Necessarily Mean a Simple Divorce
The term no-fault carries a lot of meaning for many people, and it’s often associated with a far simpler and speedier divorce process, but this isn’t necessarily the case.
If your divorce involves complex terms that require considerable attention, such as if you have high assets or if you’re facing a serious child custody battle, the fact that your case is no-fault isn’t going to streamline the process considerably.
Every divorce is unique, and while no-fault divorces tend to be less challenging than fault-based divorces, there are no guarantees. The cases that are most likely to be less expensive and time-consuming, and cause the least amount of emotional upset are those in which both spouses are committed to fair negotiations and stay on track throughout the process.
A divorce that should be simple can quickly become one of the most complicated if one spouse is determined to make the process as difficult as possible instead of moving forward. If you're facing this kind of challenge, taking the case directly to court may be the best way to cut your losses and reach a resolution.
An experienced Round Rock divorce attorney can help you navigate the process and protect your interests.
No-Fault Divorce Isn’t Necessarily Speedy
You may have the idea that a no-fault divorce has to be a lot speedier than a divorce that’s based on fault, and generally, this is true. In Texas, however, the divorce process is legally challenging – regardless of whether your case is fault-based or no-fault – and it’s going to take some time.
To begin, there is a 60-day waiting period that is required from the date of filing before the case can be resolved. There is also the matter of the court’s docket to contend with. Every divorce requires a prove-up hearing, which means the case can’t be finalized until this final hearing can be scheduled. The busier the court’s docket, the longer this can take.
Additionally, your case can’t be resolved until you’re able to negotiate mutually acceptable terms, which can take a significant amount of time. The bottom line is that you’re going for terms that support your financial and prenatal rights – not racing to finalize your divorce faster than anyone else – which makes affording yourself the time you need to get it right advised.
A No-Fault Divorce Doesn’t Mean that You Don’t Need Solid Legal Representation
If you’re facing a divorce, your rights are on the line, and proceeding without the skilled legal counsel of a trusted Round Rock divorce attorney is never a good idea. Your divorce terms will directly affect your future, which makes it in your best interest to proceed with caution. Your accomplished divorce lawyer will ably take on each of the following on your behalf:
Helping you understand and navigate the complex divorce process
Ensuring that you recognize your rights and helping you establish your divorce priorities, which will guide your negotiation strategy
Ensuring that your fillings are timely and compliant and that you receive all the financial documentation from your divorcing spouse that you need to protect your financial rights
Skillfully guiding you through the negotiation process and engaging in robust negotiations on your behalf
Helping you manage your expectations and pace yourself throughout the divorce process
Helping you make the right decisions for you in light of the unique circumstances you find yourself in
Being well prepared to take your case to court if the need arises
A no-fault divorce is not an easy, breezy divorce that you are going to sail through. It’s simply a divorce in which neither of you is officially blaming the other for the dissolution of your marriage.
No-Fault Divorce Often Leads to Mediation
Many divorces get hung up on one term or another, and some get hung up on several. If negotiations between the two of you and your respective divorce lawyers stall, mediation may be the last stop before heading to court, and it helps many couples find middle ground.
At mediation, a professional mediator will take on the role of a neutral third party – going back and forth between the two of you and your respective divorce lawyers in an effort to foster compromise. Mediation is a less formal setting than court, which can help facilitate more open negotiations, but it also has an air of finality that many couples find extremely motivating.
There Are Instances When a Fault-Based Divorce Is Worth the Effort
Generally, a fault-based divorce is going to require even more of you than a no-fault divorce would, but there are also unique instances when it’s worth it.
For example, if your spouse has flipped the script and is falsely accusing you of wrongdoing in an attempt to avoid being called out for their own bad acts, setting the record straight by seeking a fault-based divorce that’s better aligned with reality may be the best option.
It’s Meaningful to You
If your spouse’s wrongdoing was so painful to you that you are invested in identifying the official cause of your divorce, it can be a valid reason for pursuing a fault-based divorce. Divorce is a dry, complicated legal matter that is also extremely personal, and some decisions need to be made in relation to what’s best for you.
If all the following apply to your situation, you may have your answer:
You can prove your spouse’s fault.
You are willing to stay the course, which is very likely to mean a longer, more costly, and more emotionally challenging process.
You have done the soul searching and have come to the conclusion that a divorce based on your spouse’s fault is worth the additional effort to you.
Putting a very fine point on what caused your divorce will not make the pain go away and will not necessarily make the post-divorce process any easier, but if it’s meaningful to you, it’s worth exploring.
The Terms of Your Divorce Will Be Significantly Affected
Every divorce case must be carefully considered in relation to the specific circumstances at hand. Your spouse’s wrongdoing can affect specific divorce terms, even in a no-fault case. If, however, their fault in the matter was especially egregious, it can have more of an impact on your terms in a fault-based divorce, which could make seeking one worth the additional effort.
While Texas courts are not shocked by adulterous behavior and may not attach considerable significance to an affair, the fact that your spouse was supporting a paramour on the side – for example – is a very different matter.
Extreme cruelty will also get the court’s attention. If your spouse’s wrongdoing is blatant and exceptionally damaging, seeking more favorable terms –that honor what you’ve been through – in a fault-based divorce could be the way to go for you.
Don’t Wait to Call an Experienced Round Rock Divorce Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard is a practiced Round Rock divorce lawyer with an impressive reputation for protecting his valued clients’ rights in cases of all kinds. Whatever your goals are, Mr. Pritchard is standing by to help you achieve them – without losing sight of your financial and parental rights throughout the process.
For more information about what we can do for you, please contact or call us at 254-781-4222 to schedule a free consultation today.