Austin, TX- Couples filing for divorce in Austin can file for a fault or no-fault divorce. Most couples file for no-fault divorce, but there are some circumstances in which a fault divorce is appropriate. If a fault divorce is appropriate in your situation, you need to be aware of how it will impact your child custody arrangements, visitation, and financial support arrangements.
What is a fault divorce?
Most couples in Texas ask for a no-fault divorce which means that neither spouse is accusing the other of any wrongdoing. A couple merely states they are incompatible and they have differences they cannot reconcile. If they can agree on a final settlement and resolve any issues over child custody, a couple can have their divorce approved within 60 days.
A fault divorce, however, will take significantly longer because the person seeking a divorce must prove the allegations they make in their court petition. When it comes to family law matters child custody and visitation, filing for a fault divorce will affect the final judgment.
Reasons for fault divorce
In Texas, you can file for a fault divorce in Austin, Texas for the following:
Drug or Alcohol Abuse.
Above are a few reasons for a fault divorce, but there may be other reasons. We recommend you speak to a family law attorney in Austin, Texas before you decide to file for a fault or no-fault divorce. They will explain the pros and cons of a fault divorce, so you make the right decisions about how to resolve it with the best possible outcome.
Since most family courts in Texas use a standard to determine child custody and financial support, filing for a no-fault divorce will have little impact on the outcome of a fault or no-fault divorce. Filing for a fault divorce will have the biggest impact on the final settlement during settlement negotiations. A spouse’s conduct can be leveraged to secure a better settlement or a child custody arrangement. For instance, if one spouse abandoned the family, they may be ordered to pay spousal and child support. Or, if one spouse was abusive, they may only be awarded visitation of their children.
It should be noted that a fault divorce will take longer and could entail multiple court dates. You will also pay higher legal fees and court costs. USAttorneys can help you locate a family law attorney near you in Texas who can explain what a fault divorce entails and tell you if it is appropriate in your case. Our outstanding team of lawyers will make sure you are informed about your divorce and what you can do to ensure you get the outcome you deserve. Call and set up a case evaluation today.