Grounds for Divorce in Texas
Texas law permits no-fault and fault-based divorces. Under the no-fault system, a court may grant a divorce when neither spouse caused the marriage’s end as long as one spouse believes the marriage is irreparable. In a fault-based divorce, one spouse claims the other did something to cause the marriage’s end. Most people hoping for an uncontested divorce file for a no-fault divorce.
People typically seeking an uncontested divorce pursue a no-fault divorce because they can obtain a divorce without arguing about or proving responsibility for the divorce. You must simply allege that the marriage has broken down with no hopes of repair. Under Texas law, the ground for a no-fault divorce is called “insupportability.”
In Texas, those pursuing a fault-based divorce must prove that the other spouse’s conduct meets the law’s fault-based grounds. The grounds for a fault-based divorce in Texas include the following:
- Confinement in a mental hospital,
- Cruelty, and
- Felony conviction.
Individuals may consider a fault-based divorce if they are concerned about the division of the marital estate or spousal support. If you prove fault, a court may award the innocent spouse a greater share of the marital property. However, typically the accused spouse will contest a fault-based divorce.
Types of Divorce in Texas
The two primary types of divorce in Texas are uncontested and contested. An uncontested divorce is when both parties agree on all divorce terms. In contrast, contested divorces occur when the parties do not agree on the divorce terms.
Uncontested Divorce in Texas
An uncontested or agreed divorce in Texas is when the parties agree on all the divorce terms. This typically includes agreeing on the following issues:
- Divorce grounds,
- Child custody,
- Child support,
- Division of property,
- Parenting time, and
- Spousal support.
If the parties agree on these issues, they should each work with an attorney to draft a divorce settlement agreement reflecting the agreed terms of the divorce. The agreement is a critical document and should clearly and accurately reflect each person’s understanding of the terms.
Many times parties reach an agreement after going through mediation. An uncontested divorce lawyer serving clients in Katy, TX, can assist during the mediation process to help the couple reach an agreement.
Types of Uncontested Divorce
Texas has several different procedures for the varying types of uncontested divorces depending on the unique circumstances of the couple’s situation. Some types of uncontested divorces include the following:
- Uncontested divorce with children without a court order for custody and support;
- Uncontested divorce with children, with a final custody and support order in place;
- Uncontested divorce without children or real property; and
- Uncontested divorce without children but with real property.
Each form requires specific detailed information. You should discuss your case with a Katy uncontested divorce lawyer to ensure you follow the process properly.
Benefits of Uncontested Divorce
Many couples choose to proceed with an uncontested divorce because it allows for a quicker dissolution of marriage. These divorces tend to be cheaper as they don’t involve long-drawn-out court cases.
Do I Need an Attorney for an Uncontested Divorce?
Uncontested divorces are not necessarily simple, particularly if the couple has children, property, or complex finances. Divorces, even seemingly amicable ones, still require negotiations and drafting of sometimes complex language in the divorce agreement. Hiring an attorney protects an individual’s rights and remedies throughout the uncontested divorce process.
A Katy uncontested divorce lawyer can help you navigate many complex issues that come up in a divorce, including the following:
- The couple has complex finances;
- The couple has minor children;
- The couple has property or joint bank accounts; or
- One party needs spousal support.
A divorce lawyer can help individuals navigate these situations to avoid lengthy and hostile divorce proceedings, saving them time, stress, and money.
In some cases, the filing spouse may be able to obtain a default divorce. Courts permit default divorces in cases where a spouse fails to respond to a divorce petition or if the spouse refuses to cooperate with the divorce process. You still must go through a specific court process for a default divorce. Speak with an uncontested divorce attorney serving clients in Katy, TX, about whether you’d be eligible for a default divorce.
A contested divorce occurs when one party does not agree to one or more divorce terms. Sometimes, the party will file a counter-petition for divorce, making their own allegations and demands. Then, the spouses must gather evidence and fight the case in court.
These types of divorces take longer than uncontested divorces. Generally, contested divorces are also more expensive because they often involve lengthy litigation. A contested divorce can settle. If it does not, it will go to trial.
Contact Our Office About Texas Uncontested Divorces
If you are filing for divorce or believe that divorce is on the horizon, you must understand all your options. The experienced family and divorce attorneys at the Larson Law Office can get you the information you need to make the best decision for yourself and your family. Our attorneys have decades of combined experience guiding our clients through the often difficult divorce process. Each of our clients receives highly personalized service geared toward advancing their interests without involving them in unnecessary litigation. Call us at 713-221-9088 to schedule a no-obligation consultation today. You can also reach us through our online contact form.