No-Fault Divorce vs. Fault-Based Divorce

In the state of Texas, divorcing couples have the choice to pursue either a “no-fault” divorce or a “fault-based” divorce. In a no-fault divorce, the split is based on non-specific irreconcilable differences between the couple. Conversely, fault-based divorce cases cite an exact reason for the couple’s separation. Each of these types of divorce are beneficial in different ways — the one that works best for you will depend on the details of your case.

Differences Between No-Fault Divorces and Fault-Based Divorces

No-fault divorce cases involve couples who cannot point to a specific reason for ending their marriage. In a fault-based divorce case, the person alleging fault will need to establish grounds for filing a divorce. Qualified reasons for filing a divorce may include adultery, abuse, abandonment, and other instances in which a spouse did not meet the needs of the other spouse. Choosing to file for a fault-based divorce highlights the reason for splitting and allows that reason to define the proceedings.

Divorces can also be labeled as collaborative, uncontested, or contested. These terms define the proceedings, rather than the couple’s reasons for filing for divorce. Any of these types of divorce cases can involve no-fault or fault-based proceedings. For example, a couple may choose to go forward with a no-fault divorce because the split isn’t based on a specific reason. But, the divorce could also be considered “contested” because their disagreements on property division, custody, etc. require the involvement of a court.

Benefits of No-Fault Divorces and Fault-Based Divorces

No-fault divorce cases (especially if they are collaborative) are usually an easier process, cost less, and take less time. Without fault at the core of a case, a couple can focus on completing divorce proceedings with little argument.

Although fault-based divorces can be a little more complicated, they are a good choice if you would like to highlight your former spouse’s shortcomings during the proceedings. Identifying fault can help you more explicitly express your needs in disagreements about custody, child support, alimony, and other proceedings. A court may make decisions more in your favor if there is evidence to show that your partner was unfaithful, abusive, or otherwise violated their spousal responsibilities.

How Do I Know if I Should Choose a No-Fault Divorce or Fault-Based Divorce?

Deciding whether you would like to pursue a no-fault or fault-based divorce will depend on your reason for separating from your spouse, and what you hope to gain from the proceedings.

If you are considering divorce, contact Labovitz Law Firm. Our attorneys are available to answer your questions and can discuss representation in your divorce case. We can advise you on whether a no-fault divorce or fault-based divorce would be best.

Send us a message or call (817) 374-4056 to schedule a free consultation with our legal team.

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