One very common question Tyler divorce attorneys hear all the time is whether Texas is a so-called “no-fault state?” In other words, they are asking whether one spouse must prove fault on the part of the other spouse in filing for divorce, and whether the actions of one spouse are considered in the divorce proceedings.
While some states do not consider any of the actions of a spouse in causing the break-up of a marriage in divorce proceedings, Texas is not one of them. Texas certainly allows for no-fault divorces, in which neither party alleges fault grounds against each other, but the Texas Family Code and the courts have held that fault allegations made by either party can be considered in divorce proceedings. An experienced Tyler divorce lawyer can guide you through these proceedings
These accusations, if proven, will be considered in things like equitable division of property and establishing conservatorship of children. Texas law provides for several grounds for divorce, including adultery, cruel treatment, incarceration, or a long-term separation.
In instances of no-fault divorce, the petition simply alleges something called “insupportability” which basically means irreconcilable differences in personality that led to the break-up of the marriage. The grounds you allege in your petition for divorce can have a great effect on the proceedings, and it is advisable you meet with a Tyler family law attorney to assist you in properly asserting different grounds for divorce.
Call a Tyler Divorce Attorney Today
If you are considering a divorce you should contact a Tyler divorce attorney. The Texas divorce attorney at The Flowers Law Firm, P.C. stands ready to help. You can receive a free consultation from our family lawyer by calling us at (903) 965-2000, or email us at firstname.lastname@example.org.