Texas No-Fault Divorce?

Is there really such a thing as a no-fault divorce? I mean someone has to be at fault right? In Texas, the general answer is yes there is a no-fault divorce though the Texas Family Code calls it insupportability. It does not matter why the parties want a divorce so long as at least one party to the marriage wants a divorce a divorce will be granted. Does this mean, however, that fault is not important in a divorce? Absolutely not. Depending on your circumstances if there is fault in the marriage it can determine how the marital estate will be divided. The fault grounds that are recognized in the Texas Family Code are as follows:

• Cruelty – if one spouse is guilty of cruel treatment toward the other spouse
• Adultery – In one spouse has committed adultery
• Conviction of a felony – the spouse must have been convicted of a felony, imprisoned for at least one year, and not been pardoned.
• Abandonment – if one spouse left with the intent to abandon and remained absent for at least one year
• Living Apart – If the spouses have lived apart for at least three years without cohabitation
• Confinement in Mental Hospital – one spouse has been confined in a mental hospital for at least three years and the mental disorder is it is not likely that spouse will adjust or a relapse is probably if the spouse does adjust.

If you feel that you have grounds in addition to insupportability, you should consult with an attorney to determine whether it is beneficial for you to add these grounds to your divorce petition. It may not always be beneficial to assert these grounds in a divorce and should be discussed with an attorney.