Must You State Grounds for Divorce in Texas? The Differences between At-Fault and No-Fault Divorce
Your marriage has been difficult for a long time. You’ve tried to find ways to make it work, but you simply can’t. Maybe there were specific things your spouse did that made the marriage untenable. Maybe you just weren’t well-suited for each other. Do you have to give a reason for filing for divorce in Dallas, or throughout Texas? If not, how do you go about ending your marriage?
At-Fault and No-Fault Divorce in Texas
Technically, when you file a divorce complaint in Texas, you must give the court a reason as to why the marriage should not continue. Most of the acceptable grounds in Texas involve specific acts or events. However, if you are unable to identify the reasons (or you choose not to), Texas allows you to seek a divorce on the grounds that the marriage was “unsupportable,” essentially due to irreconcilable differences. For all practical purposes, this amounts to no-fault divorce. In fact, it’s the most common reason given for divorce in Texas.
What Other Grounds May Be Cited as the Basis for a Dallas Divorce?
In addition to insupportability, either party in Texas may allege the following as the legal basis for a divorce:
- Mental or physical cruelty—This behavior must be persistent and intentional and must be such that it makes living together impossible
- Confinement to a mental institution—If a spouse has been committed for at least three years and there’s either little hope for improvement or a reasonable likelihood of a relapse, it can be grounds for terminating a marriage
- Adultery—You must prove that your spouse engaged in marital infidelity. It’s important to understand that such indiscretions may be the basis for an at-fault determination even if the alleged activity occurred after a divorce complaint has been filed, but before the divorce is final.
- Living apart—If you haven’t resided with your spouse for at least three years at the time of your divorce, it can be the basis for terminating the marital bonds
- Abandonment—This is somewhat different from living apart. It requires only a period of one year, and there must be evidence that the spouse voluntarily left with a specific intent to abandon the other spouse.
- Conviction of a felony—The spouse convicted must also have been sentenced to at least one year in a state or federal prison. The conviction may not, however, be based entirely on evidence provided by the other spouse.
Is a “No-Fault” Divorce the Same Thing as an Uncontested Divorce?
As a general rule, when both parties believe that divorce is the best solution, neither party will allege fault, as establishing fault can take time and cost money. Therefore, most no-fault divorce proceedings are uncontested. But a no-fault divorce is not the same thing as an uncontested divorce. With an uncontested divorce, the parties simply agree as to how all matters will be resolved. The parties may not wish to get involved in disputes over who caused the divorce, but either party may want to contest or challenge how custody is allocated, whether there will be alimony or how the parties will divide marital debts and assets.
Let the Proven Divorce Attorneys at Bailey & Galyen Protect Your Rights
At the law offices of Bailey & Galyen, we have fought for the rights of men and women in family law and divorce matters for more than 40 years. We understand the challenges that come with the end of a marriage and know how to help you get the outcome you seek. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
