Texas recognizes two types of divorce: fault-based and no-fault. A no-fault divorce under Texas Family Code § 6.001 requires only that the marriage has become “insupportable” due to conflict, with no reasonable expectation of reconciliation. A fault-based divorce requires proving your spouse’s misconduct caused the marriage to fail. Understanding which path fits your situation can affect property division, timeline, and overall costs.
What Is a No-Fault Divorce in Texas?
No-fault divorce is the most common type in Texas. You do not have to prove your spouse did anything wrong. Under Texas Family Code § 6.001, you simply need to show the marriage has become “insupportable” because of discord or conflict of personalities. This means the problems between you and your spouse have destroyed the marriage, and there is no reasonable chance of working things out.
Other states often call this “irreconcilable differences” or “irretrievable breakdown.” Texas uses the term “insupportability,” but the concept is the same. Neither spouse has to take the blame.
What Are the Fault-Based Grounds for Divorce in Texas?
Fault-based divorce means one spouse caused the marriage to fail through specific misconduct. Texas Family Code Chapter 6 lists six fault grounds:
Cruelty (§ 6.002): Your spouse treated you so cruelly that living together became unbearable. This can include physical abuse, emotional abuse, or patterns of harmful behavior.
Adultery (§ 6.003): Your spouse had a sexual relationship outside your marriage. You must prove the affair actually happened, not just suspected infidelity.
Conviction of a Felony (§ 6.004): Your spouse was convicted of a felony and imprisoned for at least one year in a state or federal prison. This ground does not apply if your spouse was convicted based on your testimony.
Abandonment (§ 6.005): Your spouse left you with the intent of abandonment and stayed away for at least one year.
Living Apart (§ 6.006): You and your spouse have lived apart without cohabitation for at least three years.
Confinement in Mental Hospital (§ 6.007): Your spouse has been confined in a mental hospital for at least three years, and the mental disorder is severe enough that adjustment is unlikely, or relapse is probable.
How Does Fault Affect Property Division in Texas?
Texas is a community property state. Courts divide marital assets in a way that is “just and right.” When fault is proven, the court may award the innocent spouse a larger share of the marital estate.
For example, if your spouse wasted significant marital funds on an affair or gambling, proving fault could result in you receiving more than 50% of the community property. The judge has discretion to consider the circumstances when dividing assets.
In a no-fault divorce, property division typically starts closer to a 50/50 split. However, other factors like income disparity, health conditions, and child custody arrangements can still affect the final division.
Why Do Most Texas Couples Choose No-Fault Divorce?
About 95% of Texas divorces proceed on no-fault grounds. There are several practical reasons for this choice.
Privacy. No-fault divorce keeps personal details out of public court records. You do not have to air your marital problems in open court.
Lower conflict. Without the need to prove wrongdoing, both parties can focus on practical matters like property division and child custody. This often leads to better co-parenting relationships after the divorce.
Reduced costs. Proving fault requires evidence gathering, witness testimony, and additional court time. These steps add legal fees. No-fault divorces are typically less expensive.
Faster resolution. Texas requires a 60-day waiting period for all divorces. No-fault cases often resolve much faster than contested fault-based cases, which can drag on for months or even years.
When Should You Consider a Fault-Based Divorce?
While no-fault is more common, fault-based divorce makes sense in certain situations.
Domestic violence cases. Proving cruelty can help you obtain protective orders. It creates a documented record of abuse that may affect custody decisions and support obligations.
Financial misconduct. If your spouse hid assets, ran up secret debts, or spent marital funds recklessly, proving fault can lead to a more favorable property division.
Custody concerns. When a spouse’s behavior (like substance abuse or criminal activity) affects their ability to parent safely, proving fault can influence custody arrangements.
How Long Does a Divorce Take in Texas?
All Texas divorces require at least a 60-day waiting period from the date you file the petition. However, actual timelines vary significantly.
An uncontested no-fault divorce where both parties agree on all terms can finalize shortly after the 60-day waiting period. Many couples complete the process in 2-3 months.
A contested no-fault divorce where parties disagree on property or custody issues typically takes 6-12 months. Complex cases with significant assets or custody disputes can take longer.
A fault-based divorce usually takes longer because you must prove the fault grounds in court. This requires evidence, witnesses, and potentially expert testimony. These cases often take 9-18 months or more to resolve.
Can You Change from Fault to No-Fault During Your Divorce?
Yes. You can file for divorce on fault grounds and later amend your petition to proceed on no-fault grounds. Many couples start with fault claims during emotional moments but switch to no-fault as they move forward. Your attorney can advise whether this strategic shift makes sense for your case.
You can also include both fault and no-fault grounds in your original petition. This preserves your options as the case develops.
Do You Need an Attorney for a Texas Divorce?
Texas does not require you to hire an attorney for divorce. However, having experienced legal representation protects your interests, especially when significant assets, business ownership, or children are involved.
The family law attorneys at Varghese Summersett bring decades of combined experience handling divorces throughout North Texas, including Tarrant, Dallas, and Harris counties. Our team includes board-certified specialists who understand how Texas courts handle both fault and no-fault cases.
Whether you are considering a straightforward no-fault divorce or believe fault grounds apply to your situation, we can evaluate your options and guide you toward the best outcome for your family.
Frequently Asked Questions About Texas Divorce
What is the difference between fault and no-fault divorce in Texas?
No-fault divorce requires only showing the marriage has become insupportable due to conflict. Fault-based divorce requires proving your spouse’s specific misconduct (such as adultery, cruelty, or abandonment) caused the marriage to fail. Fault can affect property division.
How much does a divorce cost in Texas?
Costs vary widely based on complexity. An uncontested no-fault divorce may cost $1,500-$5,000 in attorney fees. Contested divorces with property disputes or custody battles can cost $15,000-$50,000 or more. Fault-based divorces typically cost more due to additional evidence requirements.
Can I get a divorce in Texas if my spouse does not agree?
Yes. Texas allows divorce even if your spouse does not consent. You can file on no-fault grounds (insupportability) without your spouse’s agreement. The process takes longer if your spouse contests the divorce, but the court will eventually grant it.
How is property divided in a Texas divorce?
Texas is a community property state. Courts divide marital property in a “just and right” manner, which does not always mean 50/50. Factors like income disparity, fault, child custody, and each spouse’s earning capacity affect the division.
What is the waiting period for divorce in Texas?
Texas requires a minimum 60-day waiting period from the date you file your divorce petition. The court cannot finalize your divorce before this period ends, regardless of whether both parties agree on all terms.
Schedule a Consultation Today
If you are considering divorce in Texas and unsure whether fault or no-fault grounds apply to your situation, the experienced family law attorneys at Varghese Summersett are here to help. We serve clients throughout the Dallas-Fort Worth metroplex and Houston area.
Contact us today at 817-203-2220 to schedule a free consultation. We will review your situation, explain your options, and help you take the next step with confidence.
