Is Texas a No-Fault Divorce State? A Comprehensive Guide

No-Fault Divorce in Texas

Is texas no fault divorce state

Is texas no fault divorce state – Texas is a no-fault divorce state, meaning that either spouse can file for divorce without having to prove that the other spouse is at fault. This is in contrast to fault-based divorce, in which one spouse must prove that the other spouse has committed a marital fault, such as adultery, abandonment, or cruelty.

No-fault divorce is the most common type of divorce in Texas. In 2021, over 95% of divorces in Texas were no-fault divorces.

Grounds for No-Fault Divorce in Texas

Texas law provides for no-fault divorce, meaning that a divorce can be granted without either party having to prove fault on the part of the other party.

There are two statutory grounds for no-fault divorce in Texas:

  • Insupportability
  • Living apart for a period of three years


Insupportability means that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

Living apart for a period of three years

If the spouses have lived apart for a period of three years, either spouse may file for divorce without regard to fault.

Process for Obtaining a No-Fault Divorce in Texas

Obtaining a no-fault divorce in Texas involves several steps and adheres to specific timelines. Understanding these steps and timelines is crucial for a smooth and efficient divorce process.

Filing the Petition

The process begins with filing a divorce petition with the district clerk’s office in the county where either spouse resides. The petition should state that the marriage has become insupportable due to discord or conflict of personalities.

Service of Process

Once the petition is filed, the other spouse must be served with a copy of the petition and citation. This can be done through personal service, substituted service, or publication.

Waiting Period

After the petition is served, there is a mandatory 60-day waiting period before the divorce can be finalized. This period allows for reconciliation or the resolution of any outstanding issues.

Temporary Orders

During the waiting period, either spouse may file for temporary orders regarding child custody, support, or property division. These orders are temporary and remain in effect until the divorce is finalized.

Final Hearing

If the divorce is not resolved during the waiting period, a final hearing will be scheduled. At the hearing, the judge will review the evidence and determine whether to grant the divorce. If the judge finds that the marriage is insupportable, the divorce will be granted.

Legal Implications of No-Fault Divorce in Texas: Is Texas No Fault Divorce State

No-fault divorce in Texas has significant legal implications that affect property division, child custody, and spousal support. The court plays a crucial role in determining these matters, ensuring fairness and protecting the rights of both parties involved.

Property Division, Is texas no fault divorce state

In a no-fault divorce, the court divides marital property equitably, considering factors such as the length of the marriage, each spouse’s income and earning capacity, and their contributions to the marriage. Property acquired before the marriage or through inheritance is generally considered separate property and is not subject to division.

Child Custody

The court’s primary consideration in child custody decisions is the best interests of the child. Factors such as the child’s age, health, and relationship with each parent are taken into account. The court may award sole custody to one parent or joint custody, where both parents share decision-making responsibilities.

Spousal Support

Spousal support, also known as alimony, may be awarded to one spouse if they cannot maintain a reasonable standard of living after the divorce. The court considers factors such as the length of the marriage, the income disparity between the spouses, and the receiving spouse’s earning capacity.

Texas is a no-fault divorce state, meaning that a spouse can file for divorce without having to prove that the other spouse is at fault. However, there is a movement in Texas to ban no-fault divorce. Supporters of this movement argue that no-fault divorce makes it too easy for couples to end their marriages, and that it contributes to the high divorce rate in Texas.

Opponents of the movement argue that no-fault divorce is necessary to protect spouses from abusive relationships, and that it allows couples to end their marriages without having to go through a lengthy and adversarial process. For more information on the ban no-fault divorce texas movement, please visit ban no fault divorce texas.

Exceptions to No-Fault Divorce in Texas

While Texas is a no-fault divorce state, there are limited exceptions to this rule. In certain situations, a spouse may be able to obtain a divorce based on fault-based grounds.

One exception is when one spouse has committed adultery. Adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse.

Cruel Treatment

Another exception is when one spouse has engaged in cruel treatment that makes it impossible for the other spouse to live with them. Cruel treatment can include physical, emotional, or mental abuse.


Abandonment is another fault-based ground for divorce in Texas. Abandonment occurs when one spouse leaves the other spouse with no intention of returning.

Conviction of a Felony

Finally, a spouse may be able to obtain a divorce if the other spouse has been convicted of a felony. The felony must be one that is punishable by imprisonment for at least two years.

Impact of No-Fault Divorce on Texas Society

The introduction of no-fault divorce in Texas has had a significant impact on society, both socially and economically. This shift in divorce laws has brought about both benefits and drawbacks that warrant careful consideration.

One of the primary social impacts of no-fault divorce is the increase in the overall divorce rate. The ease and accessibility of obtaining a divorce without having to prove fault or wrongdoing have made it more common for couples to end their marriages. This has led to a higher number of single-parent households and blended families, potentially affecting the stability and well-being of children.

Economic Impact

Economically, no-fault divorce has had both positive and negative consequences. On the one hand, it has reduced the financial burden and legal costs associated with divorce, making it more affordable for couples to dissolve their marriages. This has allowed more individuals to move on with their lives and pursue new relationships without being hindered by prolonged and expensive legal battles.

On the other hand, no-fault divorce has also contributed to a decline in marriage rates. The perception that divorce is now easier to obtain may have discouraged some couples from getting married in the first place. This has potential implications for social stability and the overall well-being of society.

Overall, the impact of no-fault divorce on Texas society is complex and multifaceted. While it has provided greater accessibility to divorce and reduced its financial burden, it has also contributed to an increase in the divorce rate and a decline in marriage rates. Weighing the benefits and drawbacks of this system is essential for policymakers and individuals alike.

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