NO FAULT DIVORCE
Texas is a “no-fault” state. In a no-fault divorce, neither party is required to prove that the other party is at fault in any way or guilty of any misconduct that has caused the marriage to break down. The only showing that must be made to a court is that there is no prospect of reconciliation between the married parties.
A “no-fault” divorce means that a husband and wife can divorce when they have irreconcilable differences that have caused the marriage to break up and dissolve. Contact Lowe Law at (832)953-LOWE(5693) for more information.
Need help filing A No-Fault Divorce?
The first steps you should take if you are considering filing a no-fault divorce action in Houston is to call Lowe Law, PLLC for a free consultation. Protect your legal interests and call Lowe Law at (832)953-LOWE(5693) to speak with a skilled Houston no fault divorce lawyer.
Fault by either party does not have to play a part in whether a spouse can obtain a divorce in Texas. In other words, neither spouse has an obligation to prove the other spouse was at fault for the failure of the marriage.
What are grounds for a Fault-Based Divorce?
Grounds for a fault-based divorce include:
- Abandonment of a spouse for over one year with an intent not to return;
- Cruel treatment, which can be mental cruelty or physical cruelty to a spouse that destroys the marriage relationship;
- Abuse of a spouse, which can be physical, emotional or sexual in nature;
- Domestic violence; and Felony conviction of a spouse.
Lowe Law takes pride in its unwavering commitment to firmly represent our clients’ interests in family law matters. The next step to take is to contact a qualified Houston divorce attorney to discuss whether fault grounds might be available and appropriate in your case. Call us today at (832)953-LOWE(5693) for a free case evaluation.
What are reasons for alleging fault in Texas divorces?
Each of the fault grounds for divorce can be considered by a family court in the division of marital property and assets. If a spouse is able to prove by documentary evidence or testimony that the other spouse was at fault for the divorce on one or more of these grounds, the judge can grant that spouse a disproportionate share of the marital estate’s community property. However, a spouse’s separate property is not subject to being divided by a divorce court, either by equal division or by disproportionate share.
Also, if a party is able to show fault in dissolving the marriage and obtain a fault finding from the court, the judge can then consider that party’s fault in assessing alimony.
If you are encountering resistance from your spouse on fault issues in the breakup of your marriage, you will need a responsive, effective Houston divorce lawyer by your side in family court. Contact Lowe Law, PLLC for a free consultation concerning your case at (832)953-LOWE(5693) or by visiting the Contact Attorney page.