Divorce in Texas FAQs


  • What is a “no fault” divorce?


    A no fault divorce is when a divorce is filed under insupportability. Insupportability is one of the seven grounds for divorce in Texas that does not require proof of allegations to be granted a divorce. Under insupportability, neither spouse is at fault for the failure of the marriage.

    Insupportability, as stated by the Family Texas Code: On the petition of either party to a marriage, the court may grant divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

  • In the state of Texas, can I marry someone even though I am still legally married to someone else?


    No, you cannot. This is the definition of bigamy and is illegal in all 50 states. The statute falls under Texas Penal Code – Section 25.01. It is a third degree felony and can carry a prison sentence of 2 to 10 years. Bigamy is defined as having two spouses without either one knowing of the other. It differs from polygamy in that in polygamy, both spouses are aware of the other. Marrying someone while still married to another immediately nullifies the second marriage. On the other hand, if you are in the process of divorcing, it is not illegal to be in a relationship with someone else as long as marriage does not occur until the first is ended with the divorce. However, if one dates before finalization of a divorce, the other spouse can use this situation as adultery, making a divorce proceeding difficult.

  • Can I file for a Texas divorce online?


    You are allowed to file for divorce online in Texas through an online program. People do this to avoid attorney and court fees. However, when children and estate are involved, an experienced divorce attorney should be hired to ensure that all things in jeopardy are handled with expertise. An online program cannot provide logical advice and recommendations to see that your case is properly executed.

  • Does Texas allow filing for legal separation?


    The State of Texas does not recognize legal separation; therefore, legal separation cannot be filed by either spouse. Filing for divorce is the only alternative to legally separate from your spouse.

  • What are the grounds for divorce?


    In Texas, the Texas Family Code lists 7 valid grounds for divorce:

    1. Insupportability
    2. Cruelty
    3. Adultery
    4. Conviction of a Felony
    5. Abandonment
    6. Living Apart
    7. Confinement in Mental Hospital