A Friendly Guide To The Texas No-Fault Divorce

texas no fault divorce

A recent study found that the state of Texas has a very low divorce rate. It is only nine out of every thousand people, according to this 2021 survey. Texas no fault divorce is, therefore, quite popular. It is a system that allows a couple to get a divorce without really pointing fingers.

Irreconcilable differences and insupportable marriages are common reasons for Texas divorces. Thus, you can see how the Texas no fault divorce can benefit the population.

Divorce proceedings in the United States allow every couple to get a no-fault divorce. Although state requirements vary, there is a general pattern of procedure. 

There are certain times when going for a no-fault divorce can actually lead to a healthy divorce.

Furthermore, due to the hassle-free nature, people often refer to a no fault divorce as a divorce for free. Since you do not have to hire a lawyer, the method may seem similar to a legal separation.

In the article, we discuss Texas no fault divorce. Additionally, we will go over the following concepts.

What Is No Fault Divorce?

Experts say that the state of Texas is not truly a no-fault divorce state. This is because it gives the option of both fault-based divorce and no-fault ones.

So, what is this no-fault divorce?

A no-fault divorce is when 2 people no longer want to stay married and get a divorce. However, in a no-fault one, either party does not want to point fingers or blame the other one for the divorce. In a way, it is for the spouses to declare that neither party is responsible for the divorce. No-fault divorces are the most common ones in Texas.

A no-fault divorce procedure is easier and quicker. Either spouse does not want to continue the marriage and, therefore, jointly file the divorce. Neither of them blames The Other for any misconduct while ending the marriage.

Moreover, a common name for no-fault divorce is uncontested divorce. Here both parties collaborate to come up with a plan post-divorce. this helps resolve custody issues, asset division matters, and other consequences of their divorce.

However, a Texas no fault divorce is only for spouses who agree on a mutual divorce. In case either of the spouses do not agree, the other is free to choose the fault-based divorce system.

Practical example

Let’s see that A spouse cheated on the other. Therefore, the other spouse can now file for a divorce for adultery. However, let’s see that after a long discussion, they both want a divorce. This is when they can choose to opt for a no-fault divorce.

Additionally, we should also mention that no fault divorce takes much less time than a fault-based one. It is natural because in a fault-based divorce, parties argue to arrive at the final arrangement.

Is Texas a No-Fault Divorce State?

Texas is not really a true no-fault state because it allows both types of divorce. New York State was the first one to pass the no-fault divorce law in the year 2010. Even though all states of the US offer the no-fault option, you can actually divide the states into two categories.

There are only 17 states that are pure and true no-fault divorce States. This means that spouses have no other option but to choose a no-fault divorce. Therefore, the conduct of either spouse will not play a part in the court’s decision.

Additionally, courts in true no-fault states treat marriage as a contract. Therefore, a divorce is merely a termination of the contract. So, the judge will not conduct a moral evaluation for either party.

In the 33 remaining States, spouses have the right to choose a fault-based divorce system.

When Was No Fault Divorce Legalized In Texas?

The Texas family code has a no-fault divorce option. It states that when a marriage becomes insupportable due to a conflict of personalities, it is sufficient grounds for a no-fault divorce.

However, this manner of conflict or discord should destroy all legitimate ends of reasonable reconciliation. Therefore, under the circumstances, it allows a couple to seek divorce without fault. However, there is no clear mention of the no fault ground.

Texas no fault divorce was a Pioneer. The state enacted its first no-fault divorce law way back in 1970.

Therefore, you could say that no-fault divorce in Texas has been a legal option since 1970.

How Long Is A No Fault Divorce In Texas?

The courts of the state allow a no fault divorce after a minimum of 60 days from the date of filing. Therefore, an uncontested divorce can be resolved in 2 months at the earliest. However, if there are complications regarding child custody, property division, or other issues, it may take longer.

Additionally, you should also take into consideration the case load of the court or County where you file the divorce. Naturally, if there are a lot of cases spending your divorce may take a while.

Grounds For Getting A Texas No Fault Divorce

These are the seven Grounds under which you can seek a no-fault divorce in Texas.

  • Insupportability of the marriage.
  • If the couple has been living apart for a long time.
  • When either spouse is confined in a mental hospital.
  • Grounds of cruelty.
  • Adultery by either spouse.
  • Occasions when either spouse is a convicted felon.
  • When either spouse has abandoned the other.

How To “Avoid No-Fault” Divorce Texas?

If you want to avoid a no fault divorce in Texas, you can simply file for a contested-fault-based divorce. Texas law allows for both kinds.

How Much Does A Divorce Cost In Texas?

If you are getting a fault-based divorce in Texas, it will require lawyers. Therefore, considering legal fees and court fees, you are looking to pay anywhere between $12000 to $25000.

However, if you opt for a Texas no fault divorce, your costs will be much less. The whole proceeding should cost you anywhere between $4000 to $7000.

To Conclude

With this, we reach an end to this article. In Texas, it’s easier and quicker to get a no-fault divorce than one based on faults. If both partners agree on the divorce terms without lawyers, it’s less stressful and cheaper.

This kind of divorce can be better for kids because it’s less upsetting and finishes faster. It also helps people in bad relationships to divorce without testifying against their spouse.

Fault-based divorces are harder, cost more, and take longer in Texas. You must prove your spouse did something wrong for this kind of divorce.

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Debkanya Bhattacharya
Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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