Is Texas a no-fault divorce state?

Is Texas a no-fault divorce state?

On Behalf of | Jan 25, 2023 | Divorce

If you’re considering a divorce in Texas, you may wonder whether it’s a no-fault state. The answer is yes and no. In Texas, you can file for a no-fault or fault-based divorce. 

So, what’s the difference? And which one should you choose? 

Pros and cons of each type

If you are a resident of Texas, you can file a no-fault divorce which states that neither partner is responsible for the dissolution of the marriage. This claim does not need to be supported by hard evidence; it only requires the confirmed declaration from both parties that the separation is necessary. Often, these kinds of claims offer a more stress-free process as significantly less paperwork is needed during the filing. 

The other option is to file a fault-based divorce. In other words, if your spouse has committed specific acts against you that constitute fault, then you can use this as grounds for the termination of your marriage. Such acts include adultery, cruel treatment, abuse, abandonment, imprisonment and confinement in a mental health facility. 

While a no-fault divorce may seem like the best option, it’s essential to understand how it may affect your settlement.

Texas is a community property state. Anything you and your spouse acquire during your marriage is to be divided equally between you. However, if you petition the court for spousal maintenance it may consider several factors, including:

  • Fault
  • Health and age
  • The difference in earning potential, i.e. employment skills
  • Property that each spouse brought to the marriage
  • How long the marriage lasted

The court will also consider any losses the wronged spouse may incur due to the actions of the at-fault spouse, such as loss of benefits.

Ultimately, whether you should consider filing for a fault or no-fault divorce is up to you and should depend on the specifics of your situation. You may want to discuss your case with someone who can help you understand your options. Ending a marriage is a difficult decision, but it’s imperative that you secure your financial future.