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Must you prove fault as part of your Texas divorce?

On Behalf of | Feb 9, 2023 | Family Law

People get married and also divorced almost every day in Texas. Although the typical marriage starts with the best of intentions, a substantial fraction of marriages eventually end in divorce. If you believe that your marriage is unhealthy or have recently discovered significant misconduct by your spouse, you may hope to pursue a divorce and to enjoy a better life moving forward.

Thankfully, the state of Texas does not make it too difficult for spouses to move on from their marital unions. While there are some legal hurdles you’ll need to jump through – more if your divorce case proves to be complex or contentious – one thing you won’t have to do is prove that you or your spouse is at fault for the end of your marriage.

Texas does allow for no-fault divorces

In Texas, anyone can file for divorce at any time simply by claiming that their marriage is insupportable. They simply assert that they and their spouse have had issues arise that leave no reasonable expectation of reconciliation.

The majority of people choosing to divorce in Texas will pursue no-fault proceedings. A no-fault divorce is faster and tends to be less contentious. An individual can also eliminate any risk of their spouse defending against their divorce filing and preventing their marital dissolution.

Of course, there are a handful of fault-based grounds for divorce that people may choose to pursue under certain circumstances. Adultery, abandonment, marital abuse, incarceration in a mental hospital, conviction with a felony and long-term separation are all among the grounds for fault-based divorces in Texas.

Spouses who want to pursue a fault-based divorce will need evidence to prove their spouse’s misconduct or that their circumstances meet the criteria established by the courts.

Is a fault-based divorce worth the effort?

Your personal circumstances dictate the best approach for your specific marital dissolution process. For a substantial percentage of individuals, no-fault proceedings are the easiest and therefore best solution. They can reduce their costs and the stress they experience by keeping as much of their divorce out of court as possible.

However, there are individuals who might benefit from pursuing a divorce based on the misconduct of their spouses. Learning more about the rules that apply to Texas divorces will help those worried about the state of their marriages to make truly informed decisions about their options.