Is Texas a No-Fault Divorce State?
Every divorce in Texas is either no-fault or fault based. Texas recognizes three different grounds for a no-fault divorce: insupportability, living apart, and confinement in a mental hospital.
Insupportability can be found if a spouse proves that the marriage has become insupportable because of discord and conflict that destroys the legitimate ends of the marriage, and there is no reasonable expectation of reconciliation. Insupportability is the most common grounds for a divorce. It essentially means that you and your spouse cannot get along and there is no foreseeable chance in the future that things between the two of you will work out.
A divorce may be granted on the grounds of living apart. If you and your spouse have not lived together for at least three years the court has authority to grant a divorce. The completion of the three year period is measured at the time the of trial, not at the time the original divorce petition is filed.
If either spouse is confined in a mental hospital for a three year period or longer, a divorce may be available on a no-fault basis. The confined spouse must appear to be unlikely to recover from the mental disability.
No-fault divorce grounds were established to avoid repugnant and ugly details of a marriage. By asking for a divorce based on no-fault grounds, you and your spouse will simply testify to one of the above three no-fault options. The easy burden in establishing no-fault grounds will prevent the need to reveal nasty details of you and your spouse’s conduct. In Texas, a no-fault divorce is the preferred and commonly used legal route to dissolve a marriage.
Texas Family Code Statutes:
- § 6.001 – Insupportability
- § 6.002 – Cruelty
- § 6.003 – Adultery
- § 6.004 – Conviction of Felony
- § 6.005 – Abandonment
- § 6.006 – Living Apart
- § 6.007 – Confinement in Mental Hospital
For more information on filing for no-fault divorce in Texas, talk to one of our family law attorneys.