Types of Divorce in the State of Texas

Understanding No Fault Divorce & Fault Divorce in Texas

no fault divorce texas

In Texas, there are a few different legal options available to spouses who no longer wish to be married.

When filing for divorce in Houston, individuals can choose between a no fault and a fault-based divorce. Here’s what you need to know about these two options:

No fault divorces are the most common type of divorce in Texas.

In this case, the two spouses agree that they do not want to be married anymore and jointly agree to file a no-fault divorce. This formally states that neither party is to blame or guilty of any misconduct that caused the marriage to end.

Texas also has a type of divorce called uncontested divorce. This type of divorce falls into the category of no-fault divorces and allows the couple to create an amicable plan for resolving custody, asset division, and other aspects of their divorce.

For those who do not agree on the separation, it may be necessary to seek a fault-based divorce. In this case, the person filing will allege that their spouse has specifically done something to make the marriage no longer work.

Texas Requirements for No Fault Divorce Filings

Since Texas does not require either spouse to prove that someone was at fault before obtaining a divorce, there are few requirements when filing for a no fault divorce in Texas. However, arranging the details of dividing up assets, providing child support, and splitting custody with your spouse can quickly get complicated. At The Larson Law Office, we will help you throughout the whole process and will work tirelessly to obtain an order that best suits you and your family.

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Texas Rules About Fault Based Divorces

Though you do not technically need to assign fault in a divorce, it can be helpful if you are the wronged party. In the state of Texas, grounds for a fault based divorce include:

  • Adultery
  • Abandonment for one year or more
  • Abuse of all types
  • Domestic violence
  • Felony convictions
  • Mental incapacitation
  • Mental or physically cruel treatment

Once you file for a fault based divorce, you will need to provide evidence in court about the listed fault. A person who can prove their spouse was at fault may receive a higher proportion of the community property when dividing the marital estate. Proving fault can also influence a judge’s decision about custody or alimony.

Contact The Larson Law Office Today

At The Larson Law Office, we believe in providing personalized service to each of our clients. With over 20 years of experience, Erik & Diana Larson are well-versed in family law and will be able to provide information about no fault and fault based divorce in Texas.

In cases in which amicable settlement is not possible, we are ready to take the case to trial with the aggressive and confident attitude needed to procure results. For knowledgeable and skilled legal representation, contact us today.