Divorce

Dallas County Divorce Lawyer

No Fault Divorce in Dallas, Texas

Divorce or dissolution of marriage is the legal proceeding involving the final termination of a marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons. A divorce does not nullify the marriage, as with an annulment, but cancels the marital status of the parties, allowing each to legally marry another person without committing bigamy.

Texas is a “no fault” divorce state, which means that a party can obtain a divorce without having to prove that one party caused the breakup of the marriage. This no-fault provision is called “insupportability,” where the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship.

Texas Family Law and Declarations of Fault

A divorce in Texas can also be granted declaring one party or the other at fault in the breakup of the marriage. Fault grounds include adultery, cruel treatment and abandonment. Whether a divorce is granted based on insupportability (no-fault) or on one of the fault grounds makes no difference in obtaining a divorce. A finding of fault in the breakup of the marriage can have an effect on the division of property by supporting one party’s request for a division of property that is disproportionate. For more about just and right division of the estate of the parties, see post-divorce maintenance.

In Texas, parties must wait at least 60-days between the filing of their divorce suit and finalizing the divorce. This is called the “cooling off period.” As of September 1, 2009, the 60-day waiting period is waived for parties seeking a divorce where one party has been convicted of a criminal offense constituting domestic violence or where an active protective order remains pending. This law mainly applies to divorces where the parties agree on all issues and not to cases where some or all of the issues of the divorce (related to children, property or other issues) are contested.

In the event of a divorce, some circumstances may affect child custody or Protective Orders.