Do you want to divorce your spouse but don’t have specific grounds to file? You can still start the divorce process with the help of Albin Oldner Law, PLLC and our no-fault divorce lawyers in Frisco. We are here to walk you through each step and act on your behalf in mediation, litigation, and any communication with your spouse and their legal counsel.
For the first 100 years of Texas as a state, to get a divorce granted, one of the spouses had to be at fault, or responsible for the breakdown in the marriage. In fact, a study found that 85% of all divorces granted in Texas in the past were due to cruelty by one spouse. It wasn’t until 1969 that a non-fault ground was introduced: “insupportability.” Since then, most divorces in Texas are granted because there is “discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.” In simpler terms, this means a spouse merely needs to request a divorce and a court will divorce the parties.
Despite the addition of the no-fault ground to Texas divorce laws, the state still allows these grounds:
A no-fault divorce is not the same as an uncontested divorce. In a no-fault divorce, the grounds for divorce are not trying to put specific blame on someone, but there can still be plenty of disagreements between the two spouses. In an uncontested divorce, neither spouse disagrees with the agreements outlined in the divorce petition, but there can still be specific reasons for wanting the divorce.
In a no-fault divorce, you are simply stating that you don’t have a specific reason to file for divorce, which doesn’t have a direct bearing on alimony, spousal support, child custody, or child support. In other words, you don’t lose support or custody rights just because you don’t list a ground for divorce.
Oppositely, if you do have grounds for divorce, then it could affect support and custody decisions. For example, if you want to file for divorce due to cruel treatment and abuse, then the court could be hesitant to assign any child custody rights to your spouse until the matter is investigated. Be sure to speak with our attorneys to decide how to file your divorce papers, including whether it makes sense to go a no-fault route or list grounds.
Albin Oldner Law, PLLC in Frisco would be honored to be your first choice for legal representation for any divorce proceedings, including those involving a no-fault divorce. With us leading the way and providing answers to all your questions, you can appreciate a divorce with less stress. We will work to keep your best interests in focus and protect them from being set aside.