Is Texas a No-Fault Divorce State? It’s complicated.

In many places throughout the United States, there are different divorce rules. In other words, the state where you get married has specific laws that you must follow in the event of a divorce. For example, if you get married in Texas, you would have to follow Texas’ divorce laws. Therefore, many couples are very picky when it comes to planning a destination for their wedding.

Luckily, Texas is both a no-fault and fault-based divorced state, which is something that many couples think is beneficial. If you are looking to file for divorce, it is important that you understand what no-fault means, and how it can affect your petition in the event of a failing marriage.

What Is a No-Fault Divorce State?

In a no-fault divorce state, one spouse cannot assert blame on the other spouse when filing for divorce. As the name suggests, there is no way that fault can be assigned to another party. While this concept may sound like a get-out-of-jail-free card, there are only 3 grounds that you can use to file for a no-fault divorce.

1. Insupportability

If you and your spouse are experiencing extreme discord in your marriage, you may be eligible to file under insupportability. This term essentially means that there is no expectation about you being able to reconcile with one another, since you will never be able to get along again. In order to qualify for these grounds, there cannot be a foreseeable chance that you and your spouse will be able to improve your relationship in the future.

2. Living Apart

Regarding a divorce, it may sound like common sense that you will live apart. However, to file under these grounds, you and your spouse must live in separate dwellings for at least 3 years. It is important to note that your time apart is based on when your divorce trial begins, not when you first filed your petition for divorce.

3. Mental Hospital Confinement

As the name suggests, you can file for divorce in the event that your spouse is being held in a mental hospital. Much like the clause about living apart, you can only file on these grounds if your spouse has been in a mental institution for more than 3 years. Also, there needs to be definitive proof that they will be unlikely to recover from their mental disability.

The Benefit of a No-Fault Divorce

At the end of the day, a no-fault divorce is by far the cleanest way to permanently separate from your spouse. Primarily, during the process, there is no need to go after your ex to find any legitimate reasoning for ending your marriage. All you have to do is fall within one of the 3 acceptable grounds for divorce listed above. There is no need to worry about airing out each other’s dirty laundry or fighting to the death to separate from one another. Therefore, you will eliminate the need to assert blame, which is one of the main reasons why divorce can be so difficult to deal with.

The end of a marriage is an unfortunate circumstance for some, but in many other situations, it is a necessity. Have you and your spouse decided that your marriage is failing faster than you imagined, and do you live in Texas? If so, it could be time to seek a no-fault divorce.

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