The short answer to this question: yes, Texas is a no-fault divorce state. However, it’s important to understand the broader context of this phrase. Especially if a divorce is a possibility in your future.

Basically, a “no-fault divorce” means that neither party needs to prove fault or wrongdoing by the other to file for divorce. We cover this concept and a brief history on divorce law in Texas pertaining to no-fault divorces below, as well as a few fault-based grounds for divorce in Texas.

Understanding No-Fault Divorce in Texas

The concept of no-fault divorce gained traction in the United States in the 1970s, when states began allowing couples to end marriages without proving that one spouse was “at fault.” Prior to this, individuals had to establish specific grounds for divorce, such as adultery, cruelty, or abandonment. Texas adopted its no-fault divorce laws to simplify the process and reduce litigation pertaining to the breakup of the marriage. Today, filing for a no-fault divorce in Texas is as simple as stating that the marriage is “insupportable.”

What Is ‘Insupportability?’

In Texas, “insupportability” is a term used for a no-fault divorce. This means the marriage cannot continue due to conflicts or differences that have made reconciliation impossible. By choosing insupportability as grounds for divorce, neither spouse needs to prove that the other did anything wrong, making the process faster and, in many cases, less contentious.

Other Grounds for Divorce in Texas

Just because a state is a no-fault divorce state doesn’t mean it doesn’t have any fault-based divorces. A party to a divorce case can assert fault-based grounds in certain circumstances, even in Texas. For example, as mentioned above, adultery, cruelty and abandonment are a few valid reasons for a divorce. Other grounds include confinement in a mental hospital, conviction of a felony and living apart for at least three years. Citing a fault-based ground may impact issues such as property division or spousal support. However, many people still prefer the no-fault route for its simplicity and the reduced burden of proof.

So, is Texas a no-fault divorce state? Yes, it is, and the option to file a no-fault divorce based on “insupportability” can make the process less stressful and more efficient. If you’re interested in a no-fault divorce in Texas, consider partnering with The Law Office of Kaye M. Alderman today – call or contact us online. We’re here to help!