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Do You Need a Divorce Lawyer for a No-Fault Divorce?

Apr 10, 2021 | Divorce

An experienced divorce lawyer can help you navigate through uncertain and stressful times, and even if you’re going through no-fault divorce, it’s helpful to have an excellent team on your side. If you’re starting the process of filing for divorce, there’s plenty of help and support available from trusted legal teams that have your best interests at heart.


Do You Need a Divorce Lawyer for No-Fault Divorce? 

Although you do not technically need a lawyer for a no-fault divorce, it is helpful to have one. You and your spouse will divide assets and address care and support of your children. Even the most amicable divorces benefit from having a lawyer as cases can become complicated quickly. Custody issues are especially difficult because emotions run high, and it can be difficult to reach an agreement with your spouse without the guidance professionals offer throughout the process.


Texas Law Regarding No-Fault Divorce 

In Texas, you do not need to establish a one-party fault to obtain a divorce. You can simply file for divorce based upon incompatibility issues. Neither party needs to prove that the other party was at fault. However, if you file for a no-fault divorce, your spouse can counter with allegations that you are at fault. This is another reason it is ideal to have an experienced lawyer on your side.


What Is a No-Fault Divorce?

No-fault divorce refers to a situation where the marriage of two people has become insupportable for no specific reason or blame on one party. No-fault divorces are common in Texas and are popular all around the country as well. An uncontested divorce is a popular offshoot of no-fault divorce which allows both parties to amicably decide the division of their assets and establish the care and support for their children.


How Do I Know if I Have a No-Fault Divorce?

Your divorce is most likely a no-fault divorce if neither party is directly to blame for the dissolution of your marriage. Essentially, if there is not a specific reason, including but not limited to, adultery or abuse, which led to your decision to file for divorce, you have a no-fault divorce. It is important to remember, even if you feel you and your spouse are incompatible, your spouse may not share your views, which is why obtaining a lawyer is such a good idea.


Filing for a No-Fault Divorce

Filing for divorce can be tricky. There is a significant amount of paperwork to fill out and if you miss dotting an “i” or crossing a “t,” your spouse and/or their attorney will use that against you in the courtroom. The initial document to fill out is an Original Petition for Divorce. This document opens a case that begins the divorce process and outlines your requests to the court for care and support of your children and division of assets. Once prepared, you file such paperwork and pay the fees associated with such.

When you file the initial divorce documentation, there is a possibility your spouse may contest it which can complicate the process. Once your spouse is served with divorce papers, they have a deadline to answer to the suit. After receiving your requests of the court, your spouse may file their own petition to the court, called a counter-petition, which outlines their own requests if such differ from yours. Even if you think your divorce is amicable, or if it starts amicably, there is no guarantee that it will continue to be amicable. Often spouses respond dramatically after being served with divorce papers, so it is best to be prepared and have legal representation ready to guide you.


Benefits of a Lawyer

There are several benefits to obtaining a lawyer to handle your divorce. As a layperson, you are not expected to understand the ins and outs of the court system. A lawyer is there to guide you through the process, offer legal advice to assist you in reaching your goals, and be the bridge between you as a layperson and the intricate dealings of the court system. If you file a divorce on your own, you may agree to terms that you do not want, simply because you do not comprehend the law and the application of the law. Ultimately, you will have more peace of mind and deal with less stress by having an experienced lawyer in your corner.


Deal With the Unexpected

You do not, and cannot, know how your spouse will respond when served with divorce papers. An experienced attorney will know how to combat any adverse reactions and will assist you with unexpected responses such as at-fault claims and counter-petitions.


Run Interference

Experienced attorneys can run interference for you within the courts. Sometimes, the court may not understand your goal or desires for your case. Since you do not have the legal language to tell them, desires can easily fall through the cracks because of the lack of legal knowledge. Your lawyer will be there to explain the court’s interpretation and assist you in correcting any miscommunications in order to reach your goal. This allows you to rest easy that the binding legal documents that you’re putting into play are exactly what you want.

If you’re getting a no-fault divorce in the state of Texas, you need an experienced divorce lawyer to make sure that everything runs smoothly. At Skillern Firm, in Houston, Texas, our team understands how difficult divorce is and are on hand to help you navigate the intricacies of this very challenging time. Contact Skillern Firm at 281-823-7183 to discuss your options.