Texas is a no fault state for divorce in the sense that you can file a no fault divorce, which means that in your divorce paperwork, you cite “insupportability” as the reason for your divorce.
However, no fault divorce is not the only option in Texas like it is in some states, such as Michigan.
You can file a fault-based divorce in Texas. When you file for this type of divorce, you must cite the reason for the marriage’s breakdown in the divorce paperwork.
Your lawyer can help you determine whether you should file for fault-based or no fault divorce. In some cases, no fault divorce is your only option. In others where you can file for a fault-based divorce, your lawyer may advise you to file for a no fault divorce anyway because it is often a more straightforward process.
Fault vs. No Fault Divorces in Texas
When one partner’s actions directly cause a marriage to end, his or her spouse may file a fault-based divorce. In Texas, an individual may cite one of the following grounds for a fault-based divorce:
- Felony conviction; and
- Imprisonment of the spouse.
Another way for a couple to file a fault divorce in Texas is to live separately for at least three years with no instances of cohabitation during that time. In order to complete a fault-based divorce, the filing spouse must prove to the court that the fault he or she alleges occurred did actually happen.
In a fault-based divorce, the errant spouse’s actions can affect the couple’s divorce settlement. For example, adultery could lead to the non-adulterous spouse being awarded a larger share of the couple’s community property or an individual’s felony conviction could lead the court to grant his or her former spouse sole custody of their children.
With a no fault divorce, there is no need to prove that either party is at fault. With a fault-based divorce, the accused spouse can contest his or her partner’s claim, whereas with a no fault divorce, if one partner wants to end the marriage, the marriage is going to end.
With any Texas divorce, the couple must wait at least 60 days from the date the petition was filed for the divorce to be finalized.
Filing a No Fault Divorce
Most Texas divorces are no fault divorces. When one spouse petitions for a no fault divorce, the other may choose to agree with his or her statement that the marriage reached a point of being insufferable and intolerable. No further explanation of the marriage’s breakdown is required when both parties agree to a no fault divorce.
Work with an Experienced Austin Divorce Attorney
If you are considering filing for divorce, contact an experienced divorce lawyer to discuss your case and your legal options in greater detail. To get started with an experienced Austin divorce lawyer, contact the Law Office of Ben Carrasco, PLLC to schedule your case evaluation.