Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best of 2024

No-Fault Divorce in Texas: Things You Needed to Know

    No-Fault Divorce in Texas: Things You Needed to Know Divorce is an emotionally challenging process, and the legalities surrounding it can often be complex and overwhelming. Texas, like many other states, offers a no-fault divorce option to its residents, providing a way to dissolve a marriage without having to prove fault or place blame on either party. This article will shed light on some important aspects of the no-fault divorce process in Texas, helping you gain a better understanding of what to expect.

1. What Does a No-Fault Divorce Entail?

A no-fault divorce allows couples to end their marriage without attributing fault to either spouse. In other words, you don't have to prove that your partner did something wrong or that they are responsible for the breakdown of your relationship. This approach recognizes that sometimes marriages simply don't work out and enables couples to part ways more amicably.

2. Grounds for Divorce in Texas:

While a no-fault divorce is an option in Texas, the state also accepts fault-based divorce petitions. However, pursuing a fault-based divorce can make the process more complicated and contentious, often leading to prolonged courtroom battles. The grounds for no-fault divorce in Texas include "insupportability," a legal term indicating that the marriage has become insufferable due to discord or conflict that cannot be resolved.

3. Residency Requirements:

To be eligible for divorce in Texas, either you or your spouse must have been a resident of the state for at least six months. Additionally, you or your spouse must have resided in the county where you are filing for divorce for at least 90 days before initiating the legal process.

4. The Waiting Period:

Once a divorce petition is filed, Texas imposes a statutory waiting period before the court can grant the divorce. This waiting period is typically 60 days, meaning your divorce cannot be finalized until at least 61 days after the petition is filed. However, it's vital to note that this waiting period is not always adhered to, as divorce cases can often take longer to reach resolution, especially if there are complex issues involved such as child custody or property division.

5. Distribution of Assets and Debts:

A crucial aspect of any divorce is dividing property and liabilities acquired during the marriage. Texas is a community property state, meaning that any assets acquired during the marriage are generally considered joint property and subject to equal division between both spouses. However, each case is unique, and factors such as prenuptial agreements, personal debts, and other circumstances can impact how assets and debts are distributed.

6. Child Custody and Support:

In cases involving children, decisions regarding custody and support will be made based on the best interests of the child. Texas courts encourage parents to work together to create a parenting plan that outlines custody, visitation rights, and child support arrangements. If parents cannot agree on these matters, the court will make determinations based on what it deems best for the child's welfare.

Understanding the process of obtaining a no-fault divorce in Texas and seeking professional legal guidance can significantly ease the burden of the dissolution of a marriage. It is always advisable to consult with an experienced family law attorney who can guide you through the intricacies of the divorce process and support you in making informed decisions that are essential for your future well-being. Remember, divorce is a challenging chapter in life, but with the right information and assistance, it can also mark the beginning of a new and brighter future.

The Surprising Truth: Is Texas a No-Fault State in Divorce?

When it comes to divorce laws, one of the most commonly misunderstood terms is 'no-fault divorce'. Many people often wonder if Texas is a no-fault state in divorce. Surprisingly, the answer is both yes and no.

In the simplest terms, a no-fault divorce means that neither party needs to prove any wrongdoing or provide a specific reason for wanting a divorce. It allows couples to end their marriage without placing blame on either spouse. The idea behind no-fault divorce is to encourage a more amicable and less adversarial approach to the dissolution of a marriage.

In that sense, yes, Texas is indeed a no-fault state. In fact, no-fault divorces have been allowed in Texas since 1970 when the state legislature added 'insupportability' as a valid ground for divorce. This meant that couples could seek a divorce solely based on the breakdown of their relationship and irreconcilable differences, without having to prove any fault on the part of either spouse.

However, it's essential to note that Texas remains unique in terms of its divorce policies. Unlike many other states, Texas also allows for fault-based divorces. This means that if a spouse can provide sufficient evidence of fault, such as adultery, cruelty, abandonment, or imprisonment, the court may consider these grounds when determining property division, child custody, and spousal support.

While a no-fault divorce doesn't require either spouse to prove fault, it doesn't necessarily mean that fault won't have any impact on the proceedings. Fault may still be taken into account when dividing property or determining spousal support, especially if one party can demonstrate that the other's wrongdoing significantly impacted the marital estate or caused emotional distress.

In reality, the majority of divorces in Texas are filed as no-fault cases. Couples often choose this path to save time, money, and emotional stress. A no-fault divorce allows them to focus on the process of ending their marriage rather than arguing over who is to blame.

It's crucial for individuals considering divorce in Texas to understand their options. While a no-fault divorce is possible, fault-based divorces can also provide advantages in certain situations. It is always advisable to consult with an experienced family law attorney who can guide you through the intricacies of divorce in Texas and help you determine the most appropriate course of action based on your unique circumstances.

Talk to a Lawyer

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.