What is Fault-based Divorce?
A fault-based divorce is typically prompted when a person discovers that their spouse has committed some kind of marital misconduct. In a fault-based divorce, the person filing for divorce must present grounds for the divorce. This may include several incidences of marital misconduct, including:
- Adultery
- Domestic violence
- Drug or alcohol abuse
- Impotency
- Criminal convictions
In some cases, both spouses are at fault; however, only the person who files for divorce first is able to file for a fault-based divorce.
What is No-Fault Divorce?
In a no-fault divorce, neither spouse needs to establish incidences of marital misconduct. When filing for a no-fault divorce, you will need to state that you are seeking your divorce due to irreconcilable differences. One of the main differences between no-fault divorce and fault-based divorce is that the couple must have been living apart for a certain amount of time before they are eligible for a divorce.
Speaking with an Austin Divorce Lawyer
Speaking with an experienced attorney is the best way to ensure that your rights are protected during the process of divorce. Whether you are filing for a fault-based or no-fault divorce, there will be issues of child custody, alimony, property division, and child support that need to be taken care of. A skilled Austin divorce lawyer will be able to ensure that your rights are protected throughout the divorce proceedings.
The Austin divorce lawyers of KennonLegal Ltd. LLP have extensive experience representing spouses seeking divorce. Contact an Austin divorce lawyer today by calling 512-931-3726.