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"No-Fault Divorce": What Does It Really Mean in Texas?

2/5/2024


"No-fault" divorce sounds simple, but for clients on the cusp of filing, it can raise more questions than answers. As a family law attorney, my job is to guide people through the legal aspects of divorce while making sure they understand the realities of what a term like "no-fault" actually means in their case.


Texas is a "no-fault" divorce state. The main ground for divorce here is called "insupportability" - basically, that the marriage has broken down with no chance of reconciliation. This might sound easy, but there are still significant implications to consider.


  • You Don't Need Scandal: Forget trying to find "proof" of your spouse's misconduct. Adultery, while hurtful, won't necessarily change the property division or other divorce terms in Texas.

  • You Need Patience: Even with "no-fault", Texas has a 60-day waiting period before a divorce can be finalized. Don't confuse "fast" with "easy."

  • Contentious Doesn't Disappear: If you and your spouse disagree on child custody, asset division, or support, "insupportability" doesn't fix that. Those terms still need to be negotiated thoroughly.


The upside of "no-fault"? It can avoid lengthy and potentially costly court battles focusing on whose actions led to the divorce. Yet, many couples who agree the marriage is over still battle intensely over other terms. A legal counselor is critical to understanding both the benefits of a "no-fault" framework while protecting your interests throughout the divorce process.


This is not legal advice. Please consult with a licensed attorney for questions about your situation.

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