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DivorceNo-Fault Divorce

All About No-fault Divorce In Texas

By August 28, 2023April 3rd, 2024No Comments

Divorce proceedings in Texas and across the country can be difficult, complicated, and emotionally challenging. 

Thankfully, “no-fault” divorces add an element of ease, in which neither party is required to prove that the other spouse did something wrong leading to the divorce. In fact, most divorces filed in Texas are considered no-fault divorces.

At C.E. Borman, our family law team has helped countless individuals in Bryan-College Station and throughout the state navigate complicated family law issues, including no-fault divorces.

Whether you’re currently navigating the complexities of divorce, seeking to enhance your understanding of legal procedures, or simply interested in deepening your knowledge, join us as we meticulously dissect the nuances of the no-fault divorce approach in Texas.

No-Fault Divorce in Texas

In Texas, the term “no-fault divorce is used to describe a divorce where the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. This is often referred to as “insupportability.”

In the context of Texas family law, a no-fault divorce can proceed based on the grounds of insupportability without either party having to prove any fault or wrongdoing. It simplifies the divorce process by not requiring evidence of adultery, cruelty, abandonment, or other traditional fault-based grounds.

To file for a no-fault divorce in Texas, one party needs to meet the residency requirements (either spouse must have lived in the state for at least six months) and must state in the divorce petition that the marriage has become insupportable due to discord or conflict. 

The court can then grant the divorce without assigning blame or fault to either party.

A Texas Bill in 2016 Eliminated No-fault Divorce

Currently, all 50 U.S. states have some form of no-fault divorce option. But in 2016, a member of the Texas House of Representatives proposed a bill to do away with no-fault divorce in Texas.

In December of 2016, Texas Representative Matt Krause in Fort Worth proposed a bill to eliminate no-fault divorces. He also wanted to extend the waiting period for a divorce from 60 to 180 days. 

According to the new bill, couples wanting to divorce peacefully without using fault grounds of cruelty, adultery, etc., would first have to live separately for three years. Alternatively, to get a divorce they would have had to allege abandonment by the other spouse after living apart for a year.

This bill was problematic for a few reasons:

  • First and foremost, low-income couples would have a more difficult time getting a divorce because they would have to pay higher legal fees to prove fault. 
  • It would also force a spouse to come up with fault reasons to blame the other spouse when perhaps nothing like cruelty, adultery, insanity or abandonment existed.
  • Fault-based divorce also encourages adversarial battles and forces couples to stay together in an unhappy marriage they’re unable to resolve. 

Luckily, the bill was not passed, and Texans across the state are still free to file no-fault divorces.

Considering Divorce? C.E. Borman Can Help

Our attorneys at C.E. Borman provide straight talk and honest advice. We’re here to support you through the legal landmines you face with patience, compassion, and integrity. We strive to focus on your needs, address your concerns, and achieve your goals. Contact us today, and we will be glad to answer your legal questions and help you understand the issues involved with divorce.

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