No-fault Divorce in Texas

There are many grounds for divorce under the Texas Family Code.  These include adultery, imprisonment, cruelty, abandonment, and living separate and apart.  All of these are fault grounds, which the party seeking the divorce must offer evidence to prove before a court can issue a divorce decree.  This can complicate the process, especially if the other spouse does not want to divorce and denies that grounds exist.

However, when the parties are amenable, a no-fault divorce can be substantially less complicated than a fault divorce.  While there still may be disputes regarding property division, child custody, child support, and spousal maintenance, a no-fault divorce at least protects the parties from having to publicly explore the intimate details of their marriage and the reasons for its ultimate failure.

Most states now have some version of no-fault divorce.  In Texas, insupportability is the no-fault ground for divorce.  A court may grant a divorce on these grounds if a marriage has become insupportable due to discord or incompatibility to such an extent that the legitimate ends of the marital relationship are no longer attainable and no reasonable expectation of reconciliation exists.

While it can still be stressful and emotionally taxing, a no-fault divorce is often a superior alternative to a divorce on fault grounds.  Additionally, this less contentious type of divorce is often a good candidate for the mediated or collaborative divorce process.  These processes allow the parties to work together to form a divorce agreement that covers issues such as property division and child custody.