Do I Need a Reason to Get a Divorce?

While you technically need a reason or “grounds” to get a divorce in Texas, the state is a “no-fault” divorce state. That means you can petition for divorce on the grounds of insupportability without proving that your spouse is responsible for the marriage’s failure. That said, there are other grounds you could claim that would require you to prove your spouse’s responsibility for the marriage’s failure.

No-Fault vs. At-Fault Divorce in Texas

No-fault divorce exists to help people end their marriages without assigning blame to either party for why any given marriage failed. If all divorces had to be based on fault, a lot of people could be stuck in unhappy marriages with spouses they no longer love or even like. It would also mean spouses experiencing abuse from their partners would have to prove the abuse in court to successfully divorce their abusive spouse. This isn’t the case when a spouse experiencing abuse chooses the no-fault option.

While people often file for no-fault divorces, they can file for an at-fault divorce when they want to hold their spouse accountable for their marriage’s failure. When someone seeks accountability for a spouse’s cruelty, adultery, abandonment, or felony conviction, they can file for divorce on those grounds. They can also file for divorce if the couple has lived apart for at least three years or their spouse was institutionalized in a psychiatric hospital with an unlikely prognosis for recovery.

Divorce on the Grounds of Insupportability

In Texas, divorce on the grounds of insupportability means that a marriage has become insupportable because of conflict between spouses that destroys the legitimate ends of marital relationship and prevents any reasonable expectation of reconciliation.

In other words, if it is impossible for two partners to reconcile their differences due to ongoing conflict in the marriage, then they can qualify for a divorce on the grounds of insupportability.

This type of divorce is also known as “no-fault” divorce because neither spouse needs to be accused or at fault for the failure of the marriage. Courts in Texas are likely to grant this type of divorce if there is proof that they have attempted reconciliation but were unable to do so. This type of divorce is usually quicker and less expensive than other divorce types due to the general lack of need for a lengthy court process.

Your Guide Through the Divorce Process

Kay Polk, Attorney at Law understands that the divorce process can be stressful and overwhelming. That's why Kay Polk is committed to providing comprehensive legal guidance and support throughout the entire process.

When clients come to Kay Polk with their initial consultation, they will have a detailed discussion about whether a no-fault or at-fault divorce is right for them. Kay Polk will explain the advantages and disadvantages of each option, so the client can make an informed decision on which route to take.

To request a consultation with Kay Polk, Attorney at Law, contact our office online.