Is Texas a No-Fault Divorce State?

Divorce can be a very complex, emotional process. In Texas, divorces generally fall into two categories: fault-based and no-fault. If you’re considering divorce in Texas, it’s crucial to understand these two different categories before filing.

Grounds for Divorce: Fault vs. No-Fault

Generally, in Texas, divorces fall into either fault or no-fault categories. However, the bases of these groups fall into separate subcategories, as explained below.]

Fault-Based Grounds for Divorce

Fault-based divorces occur when one spouse is responsible for the marriage breakdown due to specific actions. In Texas, the following are recognized fault grounds:

• Cruelty: Occurs when one spouse has participated in cruel treatment towards the other.
• Adultery: Occurs when one spouse has been unfaithful by means of sexual intercourse to the other, causing a breakdown in the marriage.
• Conviction of a Felony: Occurs when a spouse has been convicted and imprisoned for at least one year.
• Abandonment: Occurs when one spouse has left the other without any intention of returning.
• Living Apart: Occurs when spouses have been living apart without cohabitation for at least 3 years.
• Confinement in a Mental Hospital: Occurs when a spouse has been confined in a mental hospital for at least three years with little chance of recovery.

No-Fault Grounds for Divorce

No-fault divorce is the more common route in Texas. This means that you don’t have to prove any wrongdoing by your spouse. You simply need to show that the marriage has irretrievably broken down.

In some other states, a no-fault divorce is commonly referred to as being a divorce on the grounds of irreconcilable differences, irretrievable breakdown of marriage, or incompatibility. Texas law currently allows for a no-fault divorce on the basis of insupportability. This means that the marriage has become insupportable due to discord or conflict, and there is no reasonable expectation of reconciliation.

What’s the Difference between Fault and No-Fault Divorce?

The primary distinction between fault and no-fault divorce lies in the burden of proof and potential impact on the divorce settlement. In fault-based divorces, it is necessary to prove another’s misconduct and the process can be time-consuming and emotionally draining. A fault-based divorce may also affect property division.

In comparison, a no-fault divorce does not require either party to prove wrongdoing. This process is often quicker, less contentious, and may be less expensive in the long run.

What is the Appeal of a No-Fault Divorce?

Many couples opt for a no-fault divorce for several compelling reasons:

• Privacy: It keeps personal, private matters out of public court records.
• Reduced Conflict: It can help maintain a more amicable relationship, especially important when children are involved because it minimizes the “blame game” between the parties.
• Cost-Effective: With less to prove in court, legal fees are often lower than the legal fees necessary to prove fault.
• Faster Resolution: No-fault divorces typically move through the system more quickly.

When May a Fault-Based Divorce More Appropriate?

While no-fault divorce is popular, there are situations where pursuing a fault-based divorce could be a more appropriate avenue:

• Cases of Domestic Violence: Proving cruelty can help secure protective orders.
• Financial Misconduct: If a spouse has wasted marital assets, proving fault might lead to unequal division of property.
• Custody Battles: In severe cases, proving fault could influence child custody decisions.

Remember, every situation is unique and may not always be straightforward. It’s crucial to consult with an experienced family law attorney to determine the best approach for your specific circumstances.

If you’re facing a divorce and are unsure whether a fault-based or no-fault approach is best for you, don’t hesitate to seek professional legal advice. The experienced attorneys at Varghese Summersett are here to guide you through every step of the process. Contact us today at 817-203-2220 to schedule a consultation and get the support you need.