Do I Need a Reason to Get a Divorce in Texas?

For all of the reasons why marriage is so important, divorce is equally so. Despite the duration of your marriage, legally and financially disconnecting from a spouse is a significant development in your life.

Marriages can end for all sorts of reasons, but understanding the importance of marriage and divorce, you might wonder if you need to provide a reason for your divorce. In other words, does the government need to know why things didn’t work out between you and your spouse?

In some states, the party initiating the divorce needs to provide a reason, which almost always accuses their spouse of some kind of wrongdoing, such as infidelity. These are called “fault” states, but Texas isn’t one of them.

As a “no-fault” state, Texas doesn’t require divorce filers to prove fault against their spouse. Instead, someone pursuing a no-fault divorce can simply say the marriage is “insupportable.” This means that there’s a personality conflict or irreconcilable differences that have irreparably damaged the spouses’ relationship.

Fault-Based Grounds for Divorce

Texas isn’t a purely no-fault divorce state, which means that someone can pursue a fault-based divorce if they wish to do so. They must request one from the court, but they should be prepared to provide ample evidence of their spouse’s misconduct according to one of the acceptable fault grounds in Texas.

These fault grounds include the following:

  • Abandonment
  • Adultery
  • Confinement of spouse to a mental institution
  • Cruelty
  • Felony conviction
  • Separation for at least three years

Are You Considering Divorce?

Pursuing a fault-based divorce can lead to a more significant division of the marital estate, but it can also be more expensive to undergo this legal process. Whether you are involved in a no-fault or fault-based divorce, hiring experienced legal counsel is one of the most important decisions you’ll make.

Contact Rodriguez & Gimbert, P.L.L.C. today to learn more about the difference we can make for you in your divorce case.