Marriages end for a variety of reasons—infidelity, abuse and substance abuse are common causes of
divorce. But sometimes, it’s just a consequence of growing apart, and it can be difficult to identify a
reason. Fortunately, in Texas, as in all other states, the concept of “no-fault” divorce allows you to
dissolve a marriage without stating specific grounds.
Hello, my name is Keith Spencer. I am a divorce and family law attorney at the Texas law firm of Bailey & Galyen. We bring 40 years of experience to men and women throughout the state who seek to end a marriage.
In Texas, there are essentially two types of divorce filings, or complaints: at-fault and no-fault petitions.
The specific grounds that may provide the necessary legal support for an “at-fault” divorce are set forth
in the Texas Family Code, and include adultery, cruelty, conviction of a felony, abandonment, confinement in a mental hospital, and living apart for a minimum of three years. While stating specific grounds is not necessary to obtain a divorce in Texas, it can provide benefit to the party who is not at fault in matters related to custody, visitation, support and property allocation.
In addition to the “at-fault” grounds, the Texas Family Code also allows either party to a marriage to ask for a divorce based on allegations of “insupportability,” i.e., that there is such conflict, discord or dissatisfaction with the marriage by one or both parties that it defeats the purpose of the marriage.
Furthermore, the party must represent that there is no reasonable expectation of reconciliation. It’s important to understand that a no-fault divorce is not the same thing as an uncontested divorce. A no-fault filing simply eliminates the need to introduce evidence to prove the fault of the other party. While the non-filing party may agree that the marriage is insupportable, that party may still challenge the determination of custody and visitation, support and the allocation of property.
If you have any other questions about no-fault divorce, or about any other family law matter, we have
the skill, knowledge, experience and resources to help you. Call us today for an appointment.
