In Texas, you do not need to prove that your spouse did something wrong to get a divorce. The state allows for no-fault divorces, which means a marriage can be ended simply because it is no longer working. Texas divorce laws use the legal ground called “insupportability,” which means that disagreements or personality conflicts have damaged the marriage beyond repair. This approach allows both parties to move forward without the need to blame one another in a courtroom. Understanding no-fault divorce in Texas can help you navigate divorce proceedings more effectively.
Key Takeaways
No Blame Required: Texas divorce law allows you to file for divorce on “no-faultโ grounds, citing insupportability due to discord or personality conflicts.
Mandatory Waiting Period: A 60-day waiting period is required after filing the divorce petition before the divorce can be finalized.
Community Property State: All assets and debts acquired during the marriage are considered community property and must be divided in a “just and right” manner.
Residency is Key: You or your spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days.
What is a No-Fault Divorce?
A no-fault divorce is the most common path for ending a marriage in Texas. Instead of proving that one person’s actions destroyed the marriage, you only need to state that the relationship has become unsupportable. This differs significantly from fault-based divorce options, where specific misconduct must be proven.
Under the Texas Family Code, “insupportability” is defined as a situation where “discord or conflict of personalities…destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation” (Texas Family Code ยง 6.001). In simple terms, it means you and your spouse can no longer get along, and there is no chance of fixing the marriage – essentially irreconcilable differences.
This approach avoids the often painful and expensive process of proving wrongdoing, allowing for a more private and less combative experience. It shifts the focus from arguing about the past to finding practical solutions for the future. Many couples find that no-fault divorce proceedings move more smoothly than fault divorces, especially when working toward an uncontested divorce.
The No-Fault Divorce Process
Even without proving fault, you must still follow specific legal steps to end your marriage. The divorce process generally looks like this:
- File the Original Petition for Divorce: The process begins when one spouse, the “Petitioner,” files a petition with the court. This document provides basic information about the marriage and states the grounds of insupportability for the no-fault divorce.
- Notify Your Spouse: The other spouse, the “Respondent,” must be officially notified. This is usually done through a formal process called “service,” where a sheriff or private process server delivers the paperwork.
- The 60-Day Waiting Period: No-fault divorce laws in Texas require a mandatory 60-day waiting period after the petition is filed before the divorce can be finalized. This is often called a “cooling-off” period and is required in nearly all cases.
- Reach an Agreement: During the waiting period, you and your spouse will work to agree on key issues like property division and, if you have children, custody and support. This can be done through informal negotiations, mediation, or collaborative divorce. Many no-fault divorce cases become uncontested divorce proceedings when both parties cooperate.
- Finalize the Divorce Decree: Once an agreement is reached, it is written into a Final Decree of Divorce. A judge must approve and sign the decree to make it legally binding.
Requirements for Filing in Texas
To file for a no-fault divorce in Texas, you must meet certain residency requirements under Texas law. Either you or your spouse must have:
- Lived in Texas for at least the last six months
- Lived in the specific county where you are filing for at least the last 90 days
These rules ensure that the court has the proper jurisdiction to handle your case.
Does “Fault” Still Play a Role?
While Texas is a no-fault divorce state, it also recognizes several fault-based divorce grounds, such as cruelty, adultery, and abandonment. So why would anyone choose to file fault divorces if a no-fault divorce option is available?
Proving that a spouse’s misconduct harmed the marriage can impact how a judge divides community property in fault divorce cases. For example, if one spouse spent community funds on an extramarital affair, a judge might award a larger share of the remaining assets to the other spouse. A finding of fault, particularly involving physical abuse or family violence, can also influence decisions about child custody and spousal maintenance.
While fault divorce in Texas requires more evidence and often involves more contentious proceedings, some situations may warrant pursuing fault-based divorce rather than no-fault divorce. However, most couples find that no-fault divorce better serves their needs, allowing them to focus on moving forward rather than proving past wrongs.
How Property is Divided in a No-Fault Divorce
Texas is a community property state. This means that most property, assets, and debts acquired by either spouse during the marriage belong to both of them. It does not matter whose name is on the title or who earned the money.
In any divorce proceedings, whether no-fault divorce or fault-based divorce, the court must divide the community estate in a “just and right” manner. This does not always mean a 50/50 split. The court will consider many factors to reach a fair division, including:
- The earning capacity of each spouse
- The needs of any children
- The size of the community estate
Property that was owned before the marriage or received as a gift or inheritance is considered separate property and is not subject to division, though all property is considered community property until proven separate.
We Are Here to Help
Ending a marriage is a significant life event filled with emotional and financial decisions. Even in a no-fault divorce, the process can feel overwhelming. Whether you’re pursuing an uncontested divorce, dealing with fault divorce in Texas, or navigating complex divorce proceedings, our team is here to provide the clear guidance and compassionate support you need to protect your interests and move forward with confidence.
As an experienced family law attorney and divorce attorney team, we understand the intricacies of both no-fault divorce and fault-based divorce in Texas. We can help you determine whether your situation calls for filing based on irreconcilable differences or if circumstances involving physical abuse or other serious misconduct warrant a different approach.
If you have questions about the divorce process in Texas, contact Thompson Salinas Londergan today to schedule a consultation with a knowledgeable family law attorney.
