Austin Divorce Lawyers, Slater & Kennon

Advantages and Disadvantages of No-Fault Divorce

The state of Texas recognizes both fault-based and no-fault divorce. Unlike fault-based divorce, no-fault divorce does not require an individual to present an incidence of marital misconduct, such as abuse or adultery, to justify the need for a divorce. Instead, the party seeking the divorce can state “irreconcilable differences” as a justification for divorce. This alludes to no wrongdoing from either party involved in the divorce.

One of the greatest advantages of this type of divorce is the lack of finger pointing associated with fault-based divorces. Instead of prolonging the anger and intense emotions between the two parties by presenting the wrongdoings of one party – or both parties – this type of divorce allows the couple to part ways as amicably as possible. This is particularly helpful when the couple shares children. No-fault divorce also gives abused spouses the chance to get out of the marriage without causing additional hostility in the relationship.

A major disadvantage to no-fault divorce is that there is typically a waiting period involved. In some states, couples must have been separated for a specific amount of time before they are eligible to file for no-fault divorce. Another disadvantage is that proof of fault often increases the amount of alimony awarded to the party that initially filed for the fault-based divorce. Assets are usually distributed in a more equal manner in no-fault divorces, causing some to argue that no-fault divorce can end up working against women.

If you are considering filing for a divorce and would like more information about fault-based and no-fault divorce, contact the Austin divorce lawyers of Slater & Kennon. The Austin divorce lawyers will evaluate your situation and help you to decide which type of divorce is right for you.

Contact the Austin divorce lawyers of Slater & Kennon today by calling 512-472-2431.

Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.