Yes, Texas is both a no-fault and fault-based divorce state. This means one spouse can obtain a divorce without the other spouse’s consent, without proving marital fault. However, you have the option of filing for divorce on multiple grounds in the State of Texas.
Contact an experienced divorce attorney at the Cook Law Firm to discuss whether filing for a no-fault divorce in Texas is the best option in your case. Call (210) 740-0281 or contact our Texas domestic relations team today.
‘No-Fault’ Divorce Laws in Texas
In Texas, one spouse may file for divorce without the other party’s consent or needing to prove fault on ‘insupportability’ grounds (Tex. Fam. Code § 6.001). Claiming insupportability gives the court authority to grant a divorce ‘without regard to fault’ if the marriage is no longer sustainable due to discord, and there is no chance of reconciliation. Some states refer to this as ‘irreconcilable differences.’ The parties may agree to file for an uncontested no-fault divorce on insupportability grounds, or one party may file without regard to the other.
Requirements for Obtaining a No-Fault Divorce in San Antonio
If you want to dissolve your marriage in Texas on no-fault grounds, you must have resided in the State of Texas for at least the last six months. You must also have lived in your current county for at least the previous 90 days. Because you can only file for divorce in the Texas county where at least one spouse lives, you must wait 90 days after moving within the state.
The court may direct the parties to attend marital counseling if they have not already done so to determine whether there is a chance for reconciliation. If so, the judge can pause the lawsuit and order additional counseling sessions. Marriages that cannot be reconciled will be dissolved after the court has addressed the relevant matters.
Timeframe for Obtaining an Uncontested Texas Divorce
It takes a minimum of 61 days to dissolve your marriage on the grounds of incompatibility. This assumes you meet all other residency requirements. It also assumes that your spouse does not file a countersuit for a fault-based divorce, such as those permitted for cruelty, adultery, and imprisonment. Factors impacting the timeframe for your divorce also include:
- Property distribution
- Child conservatorship
- Possession and access
- Spousal maintenance
- Child support
- Premarital agreements
Working with an experienced San Antonio family mediator to negotiate property distribution and develop co-parenting proposals during the waiting period is the fastest and most economical way to obtain a no-fault divorce in Texas.
Fault-Based Grounds for Dissolving Marriages
In addition to offering no-fault divorce grounds, Texas law also permits spouses to file for a fault-based divorce. This means one spouse’s unacceptable behavior led to marital breakdown. Grounds for a fault-based divorce include cruelty (abuse), adultery, imprisonment, institutionalization, abandonment, and living apart for at least three years. Although Texas is a community property state, filing for a fault-based divorce can result in a more favorable outcome for the spouse who is not at fault.
San Antonio No-Fault Divorce Attorneys
Whether you want a quick no-fault divorce or need more information about your options, a compassionate family law firm in San Antonio can help you understand your rights. Call our no-fault divorce lawyers today at (210) 740-0281 or contact us online.