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Most divorces throughout Texas are no-fault, and that comes with many benefits. The state does, however, grant fault-based divorces, which makes understanding the distinctions between the two critical. Counsel and guidance from the right divorce attorney are important for anyone in this situation.
If you are facing a divorce, your parental and financial rights are at risk. An experienced San Antonio no-fault divorce lawyer at Kimbrough Legal, PLLC could help you understand your legal options.
When one spouse files for divorce based on the grounds of the other’s wrongdoing, it creates the framework for a fault-based case. Prime examples of fault include:
To obtain a fault-based divorce, you must prove your spouse’s fault in the relationship, which can be challenging. Divorces based on fault tend to be more time-consuming, emotionally charged, and costly. Fault-based cases can have a direct effect on the divorce terms, which is why pursuing a no-fault divorce in San Antonio with help from our skilled lawyers may be to your advantage.
The vast majority of divorces in the state are no-fault, and this simply means that the cases are based on insupportability. A no-fault divorce can be either uncontested or contested, determining whether or not you avoid the court process. If you and your divorcing spouse can resolve all of the applicable terms, you will not require the court’s intervention. This can include deciding on terms and even proceeding to mediation under the guidance of your skilled no-fault divorce attorney. When this happens, this is an uncontested divorce.
However, if you and your divorcing spouse have one or more terms that remain unresolved, your case will proceed to trial. At this point, your divorce becomes contested. The divorce terms that must be resolved do not vary between no-fault and fault-based cases, and they include:
Your lawyer could address all the necessary terms with you during your consultation about the benefits of a no-fault, uncontested divorce in San Antonio.
The benefits of a no-fault divorce are significant and, in most cases, are worth pursuing. To begin, most no-fault divorces are less contentious and do not escalate the way fault-based divorces do. When you pursue a no-fault divorce, you help take the focus off blame, which can create a less hostile case that is better for everyone involved, including your children. In a no-fault divorce, you are more likely to obtain possession orders that work well for your family, which can lead to more effective co-parenting.
Additional benefits of a no-fault divorce include the likelihood of your case finalizing more quickly and costing less to resolve. Further, an uncontested case affords you greater privacy since court records are a matter of public information.
A seasoned San Antonio no-fault divorce lawyer at Kimbrough Legal, PLLC, has the compassion and legal insight to help guide your case toward a favorable resolution that supports your parental and financial rights. Our attorneys are on your side and here to help, so please do not hesitate to contact us online or give our firm a call today.