No Fault Divorces in Texas:
Divorce law in the state of Texas allows for “no-fault” divorce filings. However, if one spouse in a no fault divorce Texas filing is ruled at fault for breaking-up the marriage, the court system may take that into consideration when determining a fair division of the couple’s property. For this reason, Texas spouses often include fault grounds in their petition for divorce. Texas family laws for fault divorce include: cruel treatment (must render living together insupportable), abandonment (must take place for at least one year with an intention to abandon), long-term incarceration (spouse must be in prison for at least one year), confinement to a mental facility for at least three years or living apart for at least three years. To receive a no fault divorce Texas, a spouse’s petition for divorce must allege (insupportability), which is defined by Texas family law as conflict or discord of personalities that irreparably destroys the legitimate ends of the union and prevents and foreseeable expectation of a resolution.
In the state of Texas, a divorce may be regarded or based as “no fault” or “fault.” In a no fault divorce Texas; both spouses agree that their marriage is no salvageable because of “irreconcilable differences.” In this setting, neither party is obligated to show fault. Grounds for no fault divorces are listed above and may be initiated even if one of the spouses is unwilling to pursuit the filing.
In Texas, fault-based divorces are more common if both parties cannot agree on certain issues of the fling, including: alimony, child support, child custody or the division of property. Moreover, a fault divorce in the state of Texas may be undertaken if one of the spouses believes that the court should review or take into consideration the other spouse’ s past behavior.
It must be understood that the division of property, issues pertaining to children etc. cannot be divided in an amicable fashion; the court system may intervene in both no-fault and fault divorces. A no fault divorce Texas simply means that the couple wants to end their marriage without proving why it needs to end. In this filing, the division of assets, parent rights etc. will be negotiated out of court. If the spouses cannot agree on an equitable division, the divorce filing will transition into a lengthy court battle.
Residency Requirements for No Fault Divorce Texas:
To file for a no fault divorce Texas, residency requirements must be satisfied for the court to formally accept the case. If the presiding divorce court discovers that it does not possess jurisdictional rights to hear the case, it will not be accepted for hearing. The residency requirements for a No fault divorce in Texas are as follows:
• A suit for divorce in the state of Texas may not be initiated unless, at the time of the filing, the petitioner or the respondent has been: (a) a domiciliary of Texas for the preceding six months; (b) a resident of the nation where the suit is filed for the preceding 90-day period. If one of the spouses in a prospective no fault divorce Texas has been a domiciliary of the last six months, a spouse domiciled in another nation or state may file a divorce in the jurisdiction where the domiciliary spouse resides at the time of the filing.
• An individual who is not previously a resident of Texas and who is serving in the armed forces and has been stationed at one or military bases in Texas for at least six months is deemed a Texas domiciliary and a resident of that particular county for those periods for the purpose of filing a no fault divorce Texas.