No-Fault Divorce in Texas

State-specific overview · Family Law

Quick summary

Texas permits no-fault divorce based on insupportability with no mandatory waiting period, though a 60-day minimum applies from service.

How Texas treats No-Fault Divorce

Texas allows either spouse to file for divorce on grounds of insupportability, meaning the marriage has become insupportable due to discord or conflict. A 60-day waiting period runs from the date the other spouse is served, but no additional proof of wrongdoing is required. The state also recognizes fault-based grounds such as adultery and cruelty. No-fault divorce in Texas is straightforward and does not require the filing spouse to demonstrate specific marital misconduct.

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The general definition of No-Fault Divorce

A divorce granted without requiring either spouse to prove wrongdoing by the other.

A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.