Is It Easy to Get a No Fault Divorce in Texas?
No fault divorces have been an option in Texas for quite a while — so long that many people don't realize the name comes from a major change in divorce law. In the distant past, a spouse had to show a need for a divorce because the other spouse had failed the marriage on grounds such as adultery, abandonment or worse. With the legalization of no fault divorces, people could get divorced without evidence the other party was at fault.
Incompatibility is a legally acceptable reason to get divorced
Today, the vast majority of divorce cases are filed on grounds of incompatibility or irretrievable breakdown of the marriage. It is still possible to file for divorce based on fault, such as adultery, but alleging fault is a strategic decision you should discuss with your attorney. (Sometimes, the potential damage to the ongoing relationship between parents is not worth the benefit of alleging and proving fault in open court.)
Couples who agree on the details can get divorced fairly quickly
This is where we answer the initial question: While it is technically fairly easy to get a no fault divorce in Texas, the real test is whether the parties are able to reach an agreement as to the terms of a divorce, including divisions of property and debt, child custody, visitation, child support and spousal support, if any.
If a couple reaches a mutually acceptable agreement, an uncontested, no fault divorce can be accomplished quickly and inexpensively with the help of an experienced family law attorney.
Don't be too hasty to protect yourself
We'd be remiss if we didn't pass on this cautionary advice — drafting your own divorce papers or signing papers put together by anyone other than your own attorney is risky. Your lawyer can protect your best interest by highlighting key points and pointing out potential problems before you are bound by your signature.
If you need assistance with a divorce, child custody, or child support matter, call the Peterson Law Group at 936-337-4681 or 979-703-7014. Our experienced Conroe, Texas divorce attorneys explain the law as it applies to your situation and recommend options to seek the best results for you and your family.