No-Fault Divorce in Texas
There was a time in the United States when one party in a divorce would have to prove that the other had broken the marital contract through behaving in a way that did not support the marriage. One common example is adultery. However, those days are over and in almost every state it is legal to have a no-fault divorce, including Texas.
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Definition
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According to the Texas Family code, a no-fault divorce will be granted in circumstances when the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate end of the marital relationship and prevents any reasonable expectation of reconciliation.
Living Apart
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Texas courts will also grant a divorce if a couple has been living apart for at least three years, but in this case, it is not a no-fault divorce--fault is still applied to one party.
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Residency
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To file for a no-fault divorce in Texas, an individual has to have been a state resident for at least six months before the divorce is filed, and a resident of the county that the divorce is filed in for at least 90 days. These requirements can apply to either of the two parties in the divorce.
Filing
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Once either party has decided on the grounds for the divorce and met the residency requirements, an "original petition for divorce" must be filed with the family law district court. After the filing, the other party will be served with the divorce papers.
Division of Assets
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Even in a no-fault divorce, there is still a division of marital assets.Texas is a community property state, which means everything that is acquired during the marriage is equally split upon the dissolution of the marriage.
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