Many states have fully adopted no-fault divorce proceedings. Essentially, no-fault divorce laws allow any married person to file for divorce without proof of misconduct that has damaged the marital relationship.
Texas is among the states that still allow fault-based divorces. People who have compelling documentation of adultery, abuse or other serious marital issues can pursue divorce where the courts declare their spouse at fault for the failure of the marriage.
Do those preparing for a divorce in Texas always need evidence of misconduct?
Texas allows no-fault divorces too
Those filing for divorce in Texas have the option of either pursuing a no-fault divorce or a divorce sought on fault-based grounds. The need to prove misconduct for a fault-based divorce adds another layer of complexity, which can increase the divorce timeline and the cost of the divorce.
Even those who have some documentation of marital fault might choose a no-fault divorce because it reduces the level of conflict between the spouses and the possibility of the responding spouse defending against allegations of conduct. In Texas, the grounds for no-fault divorce are insupportability, which means the marriage cannot continue, or a lengthy mutual separation.
The long-term confinement of one spouse to a mental hospital can also be grounds for divorce. If the Texas family courts also do allow divorce based on claims of cruelty, adultery, abandonment or a felony conviction.
Exploring possible timelines and estimated costs for both fault and no-fault divorces can help people choose the best path forward as they prepare to file for divorce. Lawyers can often help spouses make decisions based on their long-term goals, rather than their desire for emotional vindication.