Is Texas a No-Fault Divorce State?
Let’s say a spouse cheats. The other spouse finds out about the incident and decides to file for divorce. Before doing so, they wonder, “Does adultery affect divorce in Texas?” The answer is “it depends.”
Texas is a no-fault divorce state, meaning a divorce can be granted without any spouse being at fault. The only condition is the spouse filing for no-fault divorce must believe the relationship is insupportable. “Insupportability” in this context means some sort of discord or conflict of personalities has destroyed the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.
For this reason, no-fault divorces are generally easier to obtain, as neither spouse has to prove any wrongdoing. Since Texas is a no-fault divorce state, you will typically only find information on no-fault grounds for divorce.
If you wish to ask for a divorce based on fault, however, you should consult with a lawyer to learn how to navigate the process, as it can become much more complicated. Continue reading below to learn more.
What Are the Grounds for Filing for Divorce in Texas?
There are 6 grounds for divorce in Texas. Keep in mind that filing for divorce on fault-based grounds does not guarantee that you will get a larger division of property or a higher amount of child support or spousal support. A judge may, however, consider awarding one spouse more property, child support, and/or spousal support if circumstances call for it.
With this in mind, you may file for divorce in Texas on one of the following fault-based grounds:
- Cruelty: The court may grant a divorce if the other spouse is guilty of cruel treatment that renders further living together insupportable.
- Adultery: Infidelity, commonly known as cheating, is a common reason people file for divorce in Texas. As such, the petitioning spouse must prove that the other spouse committed adultery.
- Felony criminal conviction: The convicted spouse must have been imprisoned for at least 1 year and not been pardoned for the felony. The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
- Living apart: If spouses have lived apart without cohabitation for at least 3 years, the court may grant a divorce.
- Confinement in a mental hospital: A divorce may be granted if the other spouse has been confined in a state or private mental hospital in Texas or another state for at least 3 years and it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if an adjustment occurs, relapse is probable.
- Abandonment: The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment and remained away for at least 1 year.
What if one spouse strongly opposes the other spouse’s desire to get a divorce? One defense is available to unwilling spouses: Condonation. Condonation is essentially forgiving a wrongdoing, so if the court finds there is a reasonable expectation of reconciliation, a divorce may not be granted.
Contemplating Divorce? We Have Your Back.
At Goline & Roland Law Firm, PLLC, we help clients make decisions for their future by closely listening to their stories and walking them through their available legal options. As a result, some clients learn that divorce may not be their best option while other clients get the clarity they need to move forward with their divorce with confidence and hope.
No matter what your situation is, know that our attorneys are here to help. Give us a call at (940) 400-0475 to speak with us today!