Regardless of the circumstances, divorce is never an easy decision. The legal process can take an emotional toll, and there are multiple other aspects to consider. As someone asking for a divorce, you must provide one or more grounds for the decision. Before other things, meet a Galveston divorce attorney to know how you can protect your rights and get a better outcome. In this post, we are discussing the differences between no-fault and fault-based divorces in the city.
What is a no-fault divorce?
If there is no reason to blame your spouse, but the marriage cannot be saved anymore, you will have a no-fault divorce. The decision could emerge from a conflict of personalities or lack of emotion and involvement. In other words, when there is no way that you and your spouse can resolve issues or reconcile for a lifetime together, it is a no-fault divorce.
What is an at-fault divorce?
Beyond the standard reason that the marriage is insupportable, there could be other grounds for a divorce. In an at-fault divorce, one spouse usually alleges that the other spouse is responsible for their decision. Some of these grounds are more complex than others. Here is an overview of the grounds for such divorces.
- Your spouse has subjected you to cruel treatment, which could be a ground for an at-fault divorce. For instance, if they have been threatening or have committed physical cruelty, that’s an evident ground. Cruelty is specific – Just stating you are unhappy with your spouse is not enough.
- Your spouse has committed adultery, which means they have sexual relations with another person. If you decide to cite this as a ground for an at-fault divorce, you must have evidence of intercourse. Again, mere suspecting that the other party is having an affair is not enough.
- If your spouse has been convicted on felony charges or has been in jail for more than a year, you have the right to seek an at-fault divorce on that ground.
- If your spouse has abandoned you and doesn’t return for a year, you could ask for a divorce on that ground. That doesn’t mean that you can get a divorce due to temporary separation. For example, if the other party is serving in the Navy or military, abandonment cannot be a ground for your divorce.
- You can also seek an at-fault divorce if you and your spouse have lived apart for more than three years.
- The last one is confinement to a mental hospital for more than three years.
Meet an attorney to know more about at-fault divorces.
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