No concept concerning family law is as misunderstood yet as universally relevant as the no-fault divorce. Here at Tad Nelson & Associates, our dedication to our clients not only involves providing stellar legal representation but also demystifying legal complexities.
We’re your Galveston family lawyers. We’ve been helping people to get things done in all areas of family law since 1991. Mr. Tad Nelson and Ms. Amber Spurlock have continued to lead the Galveston County Bar since 2007.
If you’re seeking legal representation for a divorce or another civil matter in Galveston County, contact our law offices at any time by calling 409-904-0043. In the meantime, let’s review no-fault divorce cases and Texas law.
The No-Fault Divorce: A Modern Perspective
Traditionally, ending a marriage was akin to a courtroom battle, requiring proof of wrongdoing. In the modern era, Texas, like many states, has embraced the no-fault divorce concept.
This means that a spouse can seek a divorce without needing to prove fault on the part of their partner. This concept is outlined in Texas Family Code Section 6.001, stating “insupportability” as grounds for dissolving a marriage.
Sec. 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
What’s Insupportability?
Insupportability, simply put, implies a discord or conflict of personalities that destroys the legitimate ends of the marital relationship with no expectation of reconciliation. It’s the cornerstone of no-fault divorces in Texas.
Why Choose No-Fault Divorce?
The reasons are manifold. No-fault divorces tend to be less adversarial, reducing the emotional and financial strain commonly associated with divorce proceedings. This doesn’t imply a lack of complexity, but rather a shift in focus from blame to resolution.
Child Custody and Property Division
Does opting for a no-fault divorce affect child custody or property division?
The short answer: not directly.
Under Texas law, the court’s primary concern in custody matters is the “best interest of the child.”
Similarly, property division hinges on what’s “just and fair,” as detailed in Texas Family Code § 7.001. Fault in the breakup of the marriage can, however, become a factor in these decisions. If you have questions about your particular situation, don’t hesitate to contact our law offices at 409-904-0043.
LEARN MORE: Child Custody Cases
The Process
Navigating a no-fault divorce in Texas begins with filing a Petition for Divorce. This document doesn’t point fingers but states the marriage has become insupportable. Following the filing, there’s a mandatory 60-day waiting period before a divorce can be finalized. It’s the law. This period can often serve as a good time period for reflection among both parties.
No-Fault Doesn’t Mean No Disagreement
No-fault divorces aren’t synonymous with uncontested divorces. Disagreements often arise over issues like asset division, child support, and custody. In such instances, mediation might become necessary to resolve these conflicts.
In some cases, additional litigation might be a factor.
LEARN MORE: Tips for Protecting Your Assets in a Divorce
What About Prenuptial Agreements?
Prenuptial agreements, often discussed in whispers, have their part to play in no-fault divorces. A prenup can predetermine many aspects of a divorce, such as property division and spousal support. The prenup can be instrumental in providing clarity and reducing the potential for conflict during the divorce process.
LEARN MORE: Marital Agreements
The Tad Nelson & Associates Advantage
Galveston No-Fault Divorce Attorneys
At Tad Nelson & Associates, our collective expertise, honed over decades, positions us uniquely to guide you through the divorce process. Whether it’s negotiating an amicable settlement or fiercely advocating for your interests in court, we’re committed to ensuring your journey through divorce is as smooth as possible.
To talk with a divorce lawyer about your specific situation, feel free to connect with us. Our lines at 409-904-0043 are always open for a compassionate, professional consultation. Divorces can be unpredictable. Let Tad Nelson & Associates be your steadfast legal representative.
