Is No-Fault Divorce More Common in Texas?

There are several grounds for divorce in Texas. The state allows for both fault and no-fault divorce. With that being said, no-fault divorce is far more common. Indeed, most couples who get divorced in Texas opt to end their marriage on the no-fault grounds of insupportability. In this article, our Houston divorce lawyer explains the key things to know about grounds for divorce in Texas.

Texas Recognizes Insupportability as Its Primary No-Fault Ground

Texas allows a spouse to obtain a divorce without proving that either spouse engaged in marital misconduct. Under Texas Family Code § 6.001, a court may grant a divorce when the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. In practical terms, a spouse does not have to prove adultery, abuse, abandonment, or another wrongful act to end the marriage. One spouse can pursue a divorce based on insupportability even if the other spouse would prefer to remain married.

Note: Insupportability in Texas is similar to the no-fault divorce for irreconcilable differences in many other states.

No-Fault Divorce is Simpler, Typically Less Challenging to Prove

Insupportability is the most commonly used ground for divorce in Texas largely because it avoids an unnecessary evidentiary dispute over who caused the marriage to fail. A spouse alleging adultery, cruelty, or another fault ground may need to present testimony, documents, electronic communications, financial records, or other evidence sufficient to establish that ground. By contrast, a no-fault divorce generally does not require the court to determine which spouse bears responsibility for the breakdown of the relationship.

Texas Still Recognizes Several Fault-Based Grounds for Divorce

No-fault divorce has not eliminated fault-based divorce in Texas. Chapter 6 of the Texas Family Code authorizes divorce on grounds that include cruelty, adultery, conviction of certain felonies, and abandonment. Texas also separately recognizes living apart for at least three years and qualifying long-term confinement in a mental hospital as grounds for divorce.

Marital Fault Can Affect the Division of Community Property

One important reason fault grounds have not become irrelevant is Texas’s property-division system. Texas Family Code § 7.001 does not require courts to divide community property exactly 50/50. Instead, the court must make a division that is “just and right” after considering the rights of each spouse and any children of the marriage. Texas courts have recognized fault in the breakup of the marriage as one factor that may support an unequal property division. However, property division cannot simply operate as punishment for marital wrongdoing.

Get Help From a Top Houston Divorce Attorney Today

At Lindamood & Robinson, P.C., our Houston divorce lawyer puts clients first. If you have any questions about fault divorce or no-fault divorce, please do not hesitate to contact us today. With a law office in Houston, our firm handles divorce cases in Harris County and throughout the broader region in Southeast Texas.

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