Texas: At-Fault and No-Fault Divorces

Texas is known for being a “no fault state.” This is because a couple who opts for divorce does not have to resort to accusations to be granted a divorce. In Texas, claiming that your marriage has become insupportable is sufficient grounds for a divorce. However, other states require proof of allegations from the spouse making accusations regarding adultery or fraud. If proof is not provided, then couples are forced to remain married. Claiming insupportability in Texas does not require any kind of proof from either spouse.  Consulting with your divorce attorney while help you in deciding which ground to file.

No Fault by Insupportability

There are seven grounds for divorce in Texas, six of which fall under an “at fault” divorce, or contested divorce. Insupportability is the only ground that falls under a “no fault” divorce, or uncontested divorce; therefore, providing an outlet for couples. The Texas Family Code defines insupportability as “discord or conflict of personalities that destroys the legitimate ends of a the marital relationship and prevents any reasonable expectation of reconciliation.”

The Texas Legislature has granted access to couples by adding insupportability to the divorce grounds. There is no need for accusations of adultery or cruelty, even though these events may have taken place. Less complications arise since a spouse’s dirty laundry is not aired to the public. Filing under insupportability allows couples to divorce in a neater fashion.

Estate Concerns

The seven grounds in the Texas Family Code include adultery, fraud, cruelty and abandonment as “at fault” grounds. Filing either requires proof of allegations. A spouse can request uneven distribution of estate whether one of the six “at fault” grounds is alleged or not. Claiming insupportability can still allow a spouse to receive more of the estate if granted by the state.

Contact Us

To file for a divorce or for more information, contact the McAllen divorce attorneys of Barrera, Sanchez & Assoc., P.C. at (956) 287-7555.


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