Sometimes, divorce is simply the right thing to do, and the process does not have to be messy and dramatic. When you and your partner are willing to work together to find a solution that works for both of you, have a strong understanding of your shared assets, and agree on a plan for your children, a no-fault divorce could be the best option. You could avoid complex and extensive legal proceedings to end your marriage.
In a no-fault divorce, both parties usually hire a knowledgeable divorce attorney who could help them come to an agreement that serves both of their interests and addresses all the issues in the marriage. Although a no-fault divorce can be much smoother than a fault-based divorce, you must still protect your rights. Hire a Frisco no-fault divorce lawyer for dedicated representation by an empathetic attorney who handles sensitive issues the right way and is not looking to create fights where there are none.
A couple that can no longer get along and live together due to their differences will often seek a no-fault divorce, which means neither party is responsible for the reasons that contributed to the marriage not working out. The ground for a no-fault divorce is dissolution of the marriage based on irreconcilable differences. The two spouses agree they do not wish to be married anymore and file a no-fault divorce, formally establishing neither party is to blame or guilty of any misconduct that caused the marriage to end.
There is a category of no-fault divorces called uncontested divorce, also known as dissolution of marriage, which allows the couple to draft a plan for resolving custody, asset division, and other important issues. A divorcing couple must show three basic requirements: state residency, agreement on the reason for divorce, and agreement on the issues in their case. Additionally, to complete an uncontested divorce, the couple must agree on:
A Frisco attorney who has experience with no-fault divorces will be able to explain your options to you and guide you through the process.
Although a couple may agree a no-fault divorce suits their needs, other types of divorce are available to a couple.
One type is default divorce, which is possible only if a spouse files a petition to be divorced but the other spouse fails to file an answer within sixty calendar days of receiving it. When the spouse gives no response, the filing spouse can ask for a hearing so they can be granted a default divorce.
Another type is collaborative divorce, a settlement process revolving around creating a final agreement that caters to the needs of both partners. Each spouse will work with their own lawyer to finalize the details of their divorce without going to court.
Finally, there is fault-based divorce. A fault-based divorce occurs when one person accuses the other of causing the marriage to end. The typical grounds for a fault-based divorce include adultery, abandonment for one year or more, abuse/cruelty, or a felony conviction while the couple is still married. It is essential to have strong evidence to prove any of these claims.
There are many factors worth considering when you want to get a divorce, including which choice will be most beneficial in the long run and which will make the process as painless as possible. A Frisco no-fault divorce lawyer can advise you about which type of divorce is your best option.
Handling your divorce without legal representation may not be a good choice. Divorce can be stressful even under the most ideal of circumstances, and it is not the time to take any unnecessary risks, even in a no-fault divorce. Complexities can arise at any time during the legal process. Contact a Frisco no-fault divorce lawyer today for a private consultation.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.