Why Texas Is a No-Fault Divorce State and What It Means for You

LIGOT DIZON LAW

·July 2, 2025

·8 min read

Why Texas Is a No-Fault Divorce State and What It Means for You — Image Source: unsplash

Yes, Texas is a no-fault divorce state. This means you do not need to prove your spouse did anything wrong to file for a Texas divorce. In simple terms, a no-fault divorce lets you end your marriage because it is not working, not because of blame. Texas makes the Texas divorce process easier for you. With about 2.7 divorces per 1,000 people and nearly four in ten marriages ending, the no-fault divorce state approach helps many couples move forward. The legal system in Texas supports your right to choose what is best for you when it comes to Texas divorce.

Texas as a No-Fault Divorce State

What No-Fault Divorce Means

You may wonder what it means when Texas is called a no-fault divorce state. In Texas, you can end your marriage without blaming your spouse. You do not have to prove your partner did something wrong. The court does not need to hear about cheating or cruelty. You can just say the marriage is not working anymore.

No-fault divorce in Texas lets you file because of problems you cannot fix. You do not have to show anyone did something bad. This makes things less stressful and usually quicker for both people.

Here are some important facts about no-fault divorce in Texas:

You do not have to prove someone is at fault to get divorced.
The main reason is that the marriage cannot go on because of problems or differences.
Texas law calls this "insupportability."
No-fault divorce helps lower fights and keeps things private.
Either person can ask for a no-fault divorce, even if the other does not want it.
The process is usually easier and costs less than a fault-based divorce.

Texas has allowed no-fault divorce since 1969. The law changed to make divorce easier and less hard for families. You must live in Texas for six months and in your county for 90 days before you file. After you file, you must wait 60 days before the court can finish your divorce.

Insupportability as a Ground

When you file for a no-fault divorce in Texas, you will see "insupportability" on the forms. Insupportability means the marriage cannot go on because of problems. You do not have to tell every detail or prove your spouse did something wrong. The court knows that sometimes couples just cannot get along.

Insupportability is the most common reason for divorce in Texas.
The law says insupportability is when problems ruin the marriage and there is no hope to fix it.
You only need to say the marriage is insupportable in your divorce papers.
The court does not need proof of fault, so the process is simple.

Texas law still lets you file for divorce because of fault, like adultery or cruelty, but most people pick no-fault. The no-fault divorce state way helps you avoid long court fights and keeps your life more private. If you and your spouse agree the marriage cannot be saved, insupportability gives you a clear and easy way to move on.

Tip: Filing for no-fault divorce does not mean you and your spouse must agree on everything. You can still disagree about property, custody, or support, but you do not have to prove fault to end the marriage.

No-Fault Divorce Process in Texas

Steps in a Texas Divorce

If you want to start a no-fault divorce in Texas, you will follow a clear legal process. Here’s what you can expect:

You file an Original Petition for divorce with the court.
You must meet residency rules. You need to live in Texas for at least six months and in your county for at least 90 days.
The court will serve your spouse with the divorce papers.
You must wait at least 60 days before the court can finish your divorce. This is the mandatory waiting period.
You or your spouse can ask for temporary orders. These orders can help with things like where you live, child custody, or support while the case is open.
If you and your spouse do not agree on temporary orders, the court may set a hearing or ask you to try mediation.
Mediation is common. It helps you and your spouse settle disagreements.
After the waiting period and any temporary issues are resolved, the court will schedule a final hearing.
The judge signs the final decree, and your divorce is complete.

This process works for both contested and uncontested divorces. If you and your spouse work together, the process can move faster.

Benefits of No-Fault Divorce

Choosing a no-fault divorce gives you many advantages. You do not have to prove your spouse did anything wrong. This makes the legal process less stressful and more efficient. You can focus on moving forward instead of fighting over blame.

Tip: The option to file a no-fault divorce helps you keep your private life out of court. You can settle things quietly and quickly.

A no-fault divorce often costs less. It can also help you avoid long court battles. You and your spouse can spend less time in the legal system and more time planning your future. Texas divorce laws make it easier for you to end your marriage with respect and dignity.

Fault vs. No-Fault Divorce Options

Fault-Based Grounds in Texas Divorce

You have a few ways to get divorced in Texas. Most people pick no-fault divorce, but you can choose fault-based divorce too. Fault-based divorce means you say your spouse did something wrong. This could be cruelty, adultery, felony conviction, abandonment, or being in a mental hospital. If you want a fault-based divorce, you must show the court proof. You need to prove your spouse did something bad. This takes more time, more money, and causes more stress.

Fault-based divorces take longer because you need proof.
You might have to go to court and talk about private things.
It can cost a lot if you need lawyers or investigators.

Lawyers say fault-based divorce caused problems in the past. People sometimes lied or made things sound worse to win. When Texas switched to no-fault divorce, things got easier and less angry. Now, about 95% of divorces end without a trial. Most families think no-fault divorce is easier and hurts less.

Note: No-fault divorce uses insupportability and only needs a sworn statement. You do not have to prove anyone did something wrong.

When Fault Matters

You may wonder why someone would pick fault-based divorce when no-fault is easier. Sometimes, fault is important. If your spouse cheated or was cruel, the court might think about this when splitting property or giving spousal support. In the case 'In the Matter of the Marriage of Marin,' the Texas court showed fault can change who gets what after divorce. Judges may give more property or support to the spouse who was hurt.

Fault-based divorce can help if you need to look at your spouse’s money or want to protect your rights in a hard case. Still, most people use no-fault divorce because it is faster and less stressful. There is no proof that fault-based divorces have better results. Experts say no-fault divorce helps families by lowering fights and making things smoother.

Tip: Think about what you want and your situation before you choose between fault and no-fault divorce in Texas. If Texas ended no-fault divorce, it would likely make things harder for most families.

Property, Custody, and Support in Texas Divorce

Community Property Division

When you get divorced in Texas, you must split your things. Texas uses community property rules. Most things you get while married belong to both of you. The law wants to split things in a way that is fair. It does not always mean you each get half. The judge looks at your life and tries to be fair.

Here are some facts about how Texas splits property:

Divorce rates in Texas have gone down in forty years, but money problems still cause many divorces.
Women file for about 69% of divorces in Texas.
Texas law says community property should be split fairly, but not always equally.
The court may use appraisers to find out what your house, car, or other things are worth.
The judge thinks about how long you were married, your money, and if someone did something wrong, like cheating.
Anything you owned before marriage or got as a gift or inheritance stays yours.
Having a lawyer or a prenup can help protect your rights.

You might see different results in different counties. Dallas County has more divorces than Travis County. Changes in families and new ideas about marriage also change how things get split.

Tip: If you and your spouse agree on how to split things, you can save time and stress.

Child Custody and Support

Child custody and support are big parts of divorce with kids. Texas courts want what is best for your child. They often use something called a Standard Possession Order, but you can ask for changes if it does not work for your family.

Here’s a table that shows what happens in Texas custody cases:

Aspect	What Happens in Texas
Mediation and SPO	Mediation makes it three times more likely you will get a custom custody plan.
Visitation Time	Most changes from mediation give the noncustodial parent more time with the child.
Joint Custody	Kids do better when both parents stay involved. Joint custody helps with this.
Parental Involvement	Joint custody means less fighting and better cooperation. Kids feel happier and adjust better.

Many parents worry about what custody means for their family. Joint custody can help your child stay close to both parents. It also lowers stress and fights after divorce. If you work together and focus on your child, things can be better for your family.

Texas makes divorce less stressful by letting you file without blaming your spouse. You get a faster, more private process and can focus on your future. Still, divorce laws in Texas have strict rules and deadlines.

You must share financial info on time.
You need to name expert witnesses early.
Missing deadlines can hurt your case.

Talking to a lawyer helps you avoid mistakes, protects your interests, and keeps things on track. If you feel unsure, reach out for legal advice before you start.

FAQ

Can you get a divorce in Texas if your spouse does not agree?

Yes, you can. Texas law lets you file for divorce even if your spouse does not want it. The court will move forward with your case.

How long does a no-fault divorce take in Texas?

Most divorces take at least 60 days because of the waiting period. If you and your spouse agree on everything, it can finish soon after that.

Do you need a lawyer for a no-fault divorce in Texas?

You do not have to hire a lawyer. Many people handle simple cases themselves. If you have kids or property, a lawyer can help protect your rights.

Will the court split everything 50/50 in a Texas divorce?

Not always. The judge tries to divide things fairly, not always equally. The court looks at your situation and what is best for both of you.

What if you cannot agree on child custody?

The court will decide for you. Judges look at what is best for your child. You can ask for mediation to help you and your spouse reach an agreement.