Divorce in Texas

No-fault divorce

No-fault divorce was introduced in Texas in 1970. The idea behind no-fault divorce was to avoid drawn-out legal battles and immoral tactics to prove or defend against allegations of misconduct such as cruelty, adultery and abandonment.

The no-fault system prevents one spouse from withholding consent to divorce as a means of extracting an unfair division of assets or child custody agreement and it helps prevent harassment.

That doesn’t mean that divorces cannot be granted on “at fault” causes.  These grounds do exists and often, the person initiating a divorce will file a petition based on fault grounds.  However, for a multitude of reasons, the majority of divorces granted in Texas will be because the marriage has become insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marriage relationship (Texas’ version of irreconcilable differences).

That said, just as marriage is not to be entered into lightly, neither should divorce.  Divorce is very stressful on all parties, especially on children.  Sometimes it is the only alternative, but sometimes a marriage and a family can be saved.  It is worthwhile to explore all options.  A good attorney will help you determine if you are at the point where you need to seek a divorce.