Specialty tag(s): Divorce
Ryan R. Bauerle | August 12, 2024
Divorce is not a one-size-fits-all process. From drawn-out courtroom battles to amicable mediation, there are several ways to approach your divorce. One popular option is to take advantage of Texas no-fault divorce law. These types of divorces can often be easier on all parties involved, and in certain situations, they can even be less expensive than the fault-based alternatives. However, deciding whether or not this is the right option for your circumstances requires a comprehensive understanding of what is a no-fault divorce, its differences from fault-based divorces, its pros and cons, and the associated financial responsibilities. Once you have a clearer picture of what no-fault divorce means, you’ll have a better understanding if it is the right choice for you.
The overwhelming majority of Texas divorces are not fault-based. A no-fault divorce is a divorce in which neither person is required to prove any wrongdoing or fault by the other party as grounds to obtain a divorce. In Texas, since the inception of no-fault divorce laws, spouses can get divorced for any reason – or no reason at all.
According to the Texas Family Code, “On the petition of either party to a marriage, the court may grant a 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.” This concept of “insupportability” (known in some other states as “irreconcilable differences”) means simply that the marriage can no longer be endured and there is no hope of reconciliation. Recognizing their differences and choosing to pursue a no-fault divorce allows many couples to approach the process amicably, without the need for contentious and painful legal battles over who is to blame.
In Texas, couples have the option to file for either a no-fault divorce or a fault-based divorce.
While a no-fault divorce does not require either party to prove any wrongdoing, a fault-based divorce does. Those who choose to pursue a fault-based divorce will need to provide proof that the other spouse’s actions directly contributed to the end of the marriage. Examples of fault-based grounds for divorce in Texas include adultery (generally the most common), cruelty, abandonment, living apart without cohabitation for 3 years, confinement in a mental hospital for at least 3 years, or a felony conviction.
While tracing the history of no-fault divorce leads back as far as the 1700s in Europe, the concept was first introduced in the United States in the late 1960s. California was the first state to legalize no-fault divorces, doing so in 1969. Texas soon followed by adopting its no-fault divorce law in 1970. The goal of allowing no-fault divorce in Texas was to reduce the adversarial nature of divorce proceedings and make it easier for couples to end their marriages without the need for public accusations and blame.
If a divorce is granted on fault grounds, it means, generally, that a disproportionate share of the marital estate will be awarded. Thus, a party who is found to be “at fault”, is more likely to receive a smaller share of the marital estate. Proving fault is not always easy. There must be some connection to the bad act, leading to the breakup of the marriage. Merely not being a “good spouse” generally will not cut it. As a practical matter, the overwhelming majority of cases settle before a final trial. As such, oftentimes, a party (or both) will assert fault grounds in their pleadings, but when it comes time to settle, agree upon insupportability. This makes sense as there would be little incentive to stipulate to something like cruelty or adultery if you are the “bad actor.” In these scenarios, a disproportionate asset split often occurs, even though the parties agree that the divorce will be granted on the basis of insupportability. Assuming the injured spouse gets the disproportionate share they seek – going to court to prove fault grounds is generally not worth the time and effort – and may result in Pyrrhic victory.
Understanding no-fault divorce in Texas is essential for anyone considering ending their marriage. At Goranson Bain Ausley, we are committed to providing compassionate and knowledgeable legal support to help you navigate the complexities of divorce and achieve the best possible outcome for your future. Contact us today to schedule a consultation and learn more about your options.
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