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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27620
Experience:  Attorney with experience in family law.
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I have a question on divorce. We were married years and I am

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Hi there, I have a question on divorce. We were married for 5 years and I am seeking a divorce with no real estate and no children, there are no debts to divide aside from one car that is jointly owned that he will need to refinance. The true cause for divorce is at-fault abandonment, my husband left Texas a year and 4 months ago and moved to Tennessee. However, it seems like filing at fault will make things far too difficult and expensive than necessary. My husband does not want the divorce now, but has agreed if I want to divorce he will sign the Waiver and pay half of the filing fee, and would not have the money to hire a lawyer. Would you hypothetically recommend filing uncontested since we have no property to divide or children? Perhaps through an online document preparation website? It seems like that is my only choice without a lawyer. Or would you be more likely to recommend filing at fault and getting legal representation?
Submitted: 7 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 7 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Filing for no fault divorce is generally faster, cheaper, and easier than requesting a fault-based divorce. If you file for a fault-based, you'll have to go to trial and prove when your husband moved out and how little contact he had with you, which is more stressful for everyone involved. It is better to have a lawyer for a divorce when you anticipate going to trial. In a no-fault divorce, you can actually waive the trial and get divorced much faster if both parties will agree. Since there aren't any children and you have no jointly owned property, you could have the entire process done much faster (assuming no one is asking for alimony, either). Even when the hearing isn't waived, one of you just has to testify that the marriage has become insupportable. That's usually easier than showing when someone moved away, and that they didn't call or have any contact (or send any money) after leaving.

So what it really comes down to is if proving fault is important enough to you that you'd delay the divorce and spend more money to do it. To some people, it is. But a lot of people prefer to go the easier no-fault route.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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