If you are thinking about getting a divorce from your spouse, you may be wondering whether or not you need to prove anything to the court in order to get legal permission to dissolve your marriage and whether or not Texas is a no-fault divorce state.
The answer is that yes – you will need to offer proof to the court of grounds for divorce, but you do not need to prove the fault of your spouse in order to separate. This is because the state of Texas recognizes both fault- and no-fault divorce.
Our Texas family law attorneys explain below.
Is Texas a No-fault State? Divorce Can Be Fault or No-fault Based
The grounds for dissolution of marriage that are recognized in Texas are found in Texas Family Code Chapter 6 – Suit for Dissolution of Marriage. These grounds include
- Insupportability. The court may grant a divorce without the fault of either party being established if the marriage has become insupportable due to “discord or conflict of personalities that destroys the legitimate ends of the marital relationship.”
- Living apart. In addition to having differences that cannot be reconciled and a marriage that is not supportable, the court may also grant a no-fault divorce in the event that the spouses have lived separate and apart for at least three years.
In addition to the no-fault grounds listed, Texas also lists five fault-based grounds for divorce, including:
- Conviction of a felony;
- Abandonment; and
- Confinement in a mental hospital.
Fault vs. No-Fault Divorce
Many people not only wonder, “Is Texas a no-fault state for divorce?” but also whether or not there are any advantages to filing a fault vs. no-fault divorce.
Filing a no-fault divorce is typically easier, as parties will not need to prove anything; they must simply say that their marriage isn’t supportable. If you are attempting to file for divorce based on your spouse’s fault, you must procure evidence of their fault and present it to the court.
In some cases, one advantage of filing a fault-based divorce over a no-fault divorce is that the spouse’s fault may have an impact on the divorce settlement.
For example, if the divorce is being sought on the grounds of conviction of a felony, this may affect a child custody determination. Or, if the divorce is being filed based on one spouse’s adulterous behavior, this may affect a property settlement arrangement if it can be demonstrated that the adulterous spouse used marital resources to fund the affair.
Talk to Our Texas Divorce Lawyers at the Office of Simer & Tetens Today
If you have questions about fault vs. no-fault divorce in Texas and are unsure of how to initiate the process of filing for divorce, or what the steps will be along the way, reach out to our skilled Texas divorce lawyers at the office of Simer & Tetens today.
Our legal team can assist you in navigating divorce and protecting your best interests, and we are ready to start working on your case immediately.
Contact us today!