Divorce can be a challenging and emotional process, but Texas law provides options to make the transition more manageable. One of the most commonly pursued paths is the no-fault divorce. In this comprehensive guide, we explain what a no-fault divorce means in Texas in 2025, how the process works, and how Griffin & Cain, Attorneys at Law, PC can help you protect your rights and start fresh.
What Is a No-Fault Divorce in Texas?
A no-fault divorce allows one or both spouses to end the marriage without proving that the other party did something wrong. In Texas, the legal grounds typically cited for a no-fault divorce is “insupportability,” which means the marriage can no longer continue due to discord or conflict that destroys the legitimate ends of the marital relationship.
Legal Grounds for No-Fault Divorce in Texas
Under Texas Family Code §6.001, a court may grant a divorce without assigning fault to either party if the marriage has become insupportable. Other non-fault-based grounds include:
- Living apart for at least three years
- Confinement in a mental hospital
Still, insupportability remains the most commonly cited reason in no-fault cases.
The No-Fault Divorce Process in Texas
The process for obtaining a no-fault divorce in Texas is relatively straightforward but still requires strict compliance with state laws and court procedures.
1. Residency Requirements
To file for divorce, at least one spouse must have lived in Texas for six months and in the county where the petition is filed for at least 90 days.
2. Filing the Petition
The divorce process begins with filing an Original Petition for Divorce in the appropriate district court. This legal document initiates the court process and outlines the relief sought.
3. Serving the Other Party
The other spouse must be formally served with divorce papers unless they file a waiver of service. Proper notice ensures due process is followed.
4. Temporary Orders
Temporary orders may be issued to address pressing concerns such as:
- Custody of children
- Visitation schedules
- Child support and medical support
- Spousal support
- Use and control of marital property
For more on this topic, explore our pages on child custody and child support in Texas.
5. Waiting Period
Texas imposes a mandatory 60-day waiting period after the petition is filed before the divorce can be finalized, except in cases involving family violence.
6. Negotiation and Mediation
To avoid prolonged litigation, many couples opt for mediation to negotiate property division, parenting arrangements, and support obligations. Mediation can simplify the divorce process and reduce legal costs.
7. Final Decree of Divorce
If the spouses reach a settlement or the court issues a ruling, a judge will sign the Final Decree of Divorce. This document formalizes the end of the marriage and outlines each party’s rights and responsibilities.
Key Issues Resolved in No-Fault Divorce
Property Division
Texas follows the community property rule, meaning assets and debts acquired during the marriage are presumed to be shared equally. However, equitable division does not always mean a 50/50 split. Learn more about how property is divided in Texas divorce cases.
Spousal Maintenance
Spousal maintenance, or alimony, may be awarded when one spouse needs financial support and meets eligibility criteria. Factors considered include the length of the marriage, each spouse’s earning capacity, and any history of domestic violence.
Child Custody and Support
The best interests of the child standard guides decisions related to custody, visitation, and support. Courts prefer joint managing conservatorship unless one parent poses a risk to the child’s well-being.
Advantages of No-Fault Divorce
- Simplicity: No need to prove wrongdoing or gather evidence of misconduct
- Privacy: Keeps sensitive personal matters out of the courtroom
- Efficiency: Generally faster resolution compared to contested divorces
- Cost-Effective: Less time in court usually means lower legal fees
Frequently Asked Questions
Can One Spouse File for Divorce Without the Other’s Consent?
Yes. Texas does not require both spouses to agree to the divorce. If one party alleges insupportability, the court will likely proceed with granting the divorce.
Can Marital Misconduct Affect the Outcome?
Yes. Although the divorce may be filed on no-fault grounds, evidence of misconduct (e.g., infidelity, abuse) can influence property division and spousal support decisions.
Can We Cancel the Divorce if We Reconcile?
If both spouses agree, the divorce can be dismissed at any point before the Final Decree is signed by the judge.
If you’re considering filing for no-fault divorce in 2025, don’t go it alone. Contact Griffin & Cain for a confidential consultation. Visit our Family Law page or call our office to speak with a compassionate, knowledgeable attorney today.
