Have you ever wondered what it takes to get a divorce in Texas? Well, it doesn’t always take the fault of one spouse. A no-fault divorce is where the couple doesn’t have to prove fault or provide a specific reason to end the marriage. The no-fault divorce law in Texas is written as follows:
“On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
Some people in Texas refer to the no-fault divorce as the “insupportable” divorce. However, no-fault is not the only kind of divorce in Texas. There are also various fault-based grounds for divorce in Texas also. They are:
- Cruelty -- Must "render further living together insupportable."
- Adultery -- Texas abolished any and all defenses to adultery.
- Conviction of a Felony -- Must not be on the testimony of the other spouse.
- Abandonment -- Must have intention to abandon and must stay away at least a year.
- Living Apart -- Must live separately without co-habitation for three years.
- Confinement in a Mental Hospital -- Must be committed for at least three years.
Before filing for divorce, you should consult with an attorney as to whether you should file on no-fault grounds or fault-based grounds. There may be some financial impact based on which kind of divorce you file.
Also, it is well known that no-fault divorces tend to be faster, but in some cases, like where a spouse's incomes are intermingled, it actually makes more sense to proceed with a divorce slowly. These kinds of tips a competent divorce lawyer is best suited to discuss.
Related Resources:
- Find a Houston Family Law attorney (FindLaw)
- Texas Law: Suit for Dissolution of Marriage (FindLaw's Texas Statute)
- Law on Divorce and Child Custody in Texas (FindLaw)
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