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Divorce Law
Divorce is the ending of a marriage, without either spouse being deceased. It is also referred to as the dissolution of a marriage. In order for a marriage to be void in the eyes of the law, it must be certified legally through the courts. Such a process allows for arrangements to be made regarding division of property, child custody and child support. Find Your States Divorce Laws
Types of Divorce
No Fault
In the case that both parties do not blame each other for the breakdown of the marriage, it is termed a no-fault divorce, with reasons cited as ‘irreconcilable differences’ or ‘irretrievable breakdown.’ In such a divorce, accusations do not make up the basis for a divorce. With both husband and wife willing to dissolve the marriage, negotiating terms of settlement becomes easier, making the process of divorce less burdensome on both parties. No fault divorces have become the more common form of divorce now and can also be established after separation of both parties for a period of six months or longer.
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Frequently Asked Questions
Q: What is a legal divorce?
A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, your divorce will give each person the legal right to marry someone else. It will legally divide the couple’s assets and debts, and determine the care and custody of their children. In Texas, divorces are either fault-based or no fault.
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Fault
In the case that grounds for divorce are established based on some form of misconduct, it is termed a fault-based divorce. Currently divorces based on fault are allowed in 32 states, with the following grounds generally cited, in one form or another:
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Adultery by a spouse
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Physical Cruelty
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Mental Torture
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Drug/alcohol addiction
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Impotence
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Attempted murder of spouse
- Insanity
- Spreading sexually transmitted diseases to spouse
- Abandonment
Impact of Divorce
Divorce is emotionally and financially traumatic for the parties involved, evoking feelings of anger, depression and a sense of helplessness. Seeking legal counsel is a step in the right direction, once the intent to divorce has been established.
Most divorce cases are uncontested, with attorneys guiding their clients through the process every step of the way. In some cases, the court appoints mediators, to work with both parties in reaching an acceptable agreement.
Visit these helpful links:
Texas Statutes Family Code
Child Support calculator
Divorce Law Overview
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