Although the basic process of divorce follows all the same steps, no two divorces are exactly alike. If you’re filing for divorce in Texas, you should be aware that there are different types of divorces and divorce agreements you can pursue. Understanding the different types of divorce will help you and your ex-spouse finalizes your divorce agreement more quickly, and, sometimes, even without a court trial.
Six Different Types of Divorce in Texas
1. Fault Divorce
The first type of divorce is a fault divorce, which is when one spouse is responsible for the dissolution of the marriage. For example, you may be able to file a fault divorce if a prenuptial agreement was broken, if there was adultery in the marriage, or if there were other circumstances like loss of consortium, such as if someone was injured and unable to engage in conjugal rights.
A fault divorce is more complicated than other types of divorce, so you will need to speak with the lawyer about how to proceed with a fault divorce.
2. No-Fault Divorce
A no-fault divorce is a much simpler process. In a no-fault divorce, neither spouse is responsible for the dissolution of the marriage. Rather, it’s agreed by both spouses that there are irreconcilable differences in the marriage. A no-fault divorce may be contested or uncontested. In Texas, a no-fault divorce is the most common type of divorce that is filed.
3. Default Divorce
A default divorce occurs when one spouse files for divorce and the other spouse does not respond to the divorce paperwork. In this case, the court will grant a divorce agreement without input from the other spouse.
A default divorce will not happen automatically; rather, the divorce will become a default divorce if the petition is not responded to within a certain timeframe. In these cases, the court will generally side with the requests of the petitioner or the spouse who filed for divorce initially.
4. Mediated Resolution
Mediated resolution is yet another way you can file for divorce in Texas. With this type of divorce, you and your ex-spouse will agree on how to separate assets, property, and even child custody through mediation.
Ideally, you and your ex-spouse should agree to the divorce terms and then submit your divorce petition as uncontested for the judge to approve. You can work with a lawyer, or you can work with mediation specialists.
5. Uncontested Divorce
An uncontested divorce means that you and your ex-spouse have no disagreements on the division of property, debts, or assets. An uncontested divorce is an ideal type of divorce to have, as this generally means that there are no major issues that need to be mediated or ruled by a judge. This also means that your divorce will not have any mitigating circumstances.
6. Contested Divorce
A contested divorce is the most complicated type of divorce since this means that you and your ex-spouse have one or more disagreements about the division of property or other circumstances related to your marriage. With a contested divorce, it’s more likely that your divorce process will graduate to trial. A contested divorce will also take much more time than other types of divorces.
What Is the Divorce Process?
When you file for divorce in Texas, you will need the help of a top divorce lawyer in Houston to help you navigate the process. The general steps for your divorce process will include filing the initial petition for divorce, serving divorce papers, answering divorce papers, and finalizing the divorce agreement with your spouse through mediation or a court trial.
After a divorce agreement has been finalized, a judge will need to approve the divorce on the docket. Once the judge has approved the divorce agreement, the marriage will be officially dissolved.
What Happens After Divorce?
Getting divorced has several significant financial consequences, such as changes in healthcare coverage if you were on your ex-spouse’s employee benefit plan. You will need to consider what your life after divorce will look like, which is why it’s important to work with divorce lawyers in Texas to finalize a divorce agreement that will allow you to claim spousal support and child support, if your marriage included children.
It’s notable to understand that after you are divorced, you cannot immediately get married in Texas. After your divorce, you will need to wait at least 30 days before you can file a marriage certificate. There may be some circumstances in which you can be married immediately afterward, such as if your divorce agreement included a resolution about this matter.
Understanding the different types of divorce you can file for in Texas will give you a better understanding of what your divorce process will look like. In general, uncontested divorces and no-fault divorces are the easiest types of divorce to file for, while a contested divorce is a longer and more complicated process.