How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29823
Experience:  Attorney with experience in family law.
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I have a question on divorce. We were married years and I am

Customer Question

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: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


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.

Related Family Law Questions