No-fault. It means that one party cannot really be pinpointed as the source of legal troubles and problems. Unlike in criminal law, there is no direct victim necessarily. The no-fault status in Texas is welcoming for spouses looking to expunge their marriage. The no-fault status has a very basic definition. Yet, there are some layers and nuances that should be understood as well.
Overall, what does it mean?
Firstly, a no-fault status does not require one spouse to state an explicit reason for a divorce, with the other accepting it. In other states, a spouse would have to obtain a reason. That reason would have to be supported. In Texas, both can mutually agree on divorce, which subsequently shares the blame. This dramatically eases the burdensome red tape often involved with divorce.
What happens if that mutual agreement cannot be achieved?
There is an elephant in the room. If that agreement cannot be met, there is another solution. This refers to when one spouse does not accept the divorce. It can be voluntary, but it cannot be mutual. An absolute divorce can be achieved with one year of separation. The separation is voluntary, but it may not be mutual. That can complicate matters slightly. But, generally speaking, a one-year separation will usually result in a successful divorce. They agree that the separation was not under duress, and the intention was to end the marriage.
Can it be contested?
Of course. Any divorce scenario with a Family Attorney in Keller TX can be contested as requested. This will slow down the process, invariably. The one-year separation will go a long way in supporting a divorce, but it may not always seal the deal. But, the one-year separation is often a needed timeframe to establish irreconcilable differences.
In a no-fault state with family attorney in Keller TX, no blame needs to be pointed. This does not mean divorce is cut and dry. It also does not mean it is easy. But, it does remove some nuance in a divorce. It helps simplify it by saying that this is no one’s fault. The problem is not how we got here- the problem is what can be done about it now. Contact us today for your FREE initial consultation.
