Is there such as thing as a no-fault divorce?

Is there really such a thing as a no-fault divorce? Why do you have to still list the grounds for a divorce? What are some other grounds for divorce? Why is it important to list the grounds for divorce?

In Texas, when you file for divorce, you have to tell the Court the reason for the divorce.  This is called stating the “grounds for divorce.” The purpose of doing so is to allow the Court to determine how the Court should grant the divorce, and if the Court should deviate from the “normal track” when making decisions regarding specific portions of the divorce - such as property division.

For many, the reason for divorce may simply be that the relationship has deteriorated to the point that one or both parties feel that they can no longer stay as husband and wife.  There has been no specific reason from either party.  Just plain old “wanting out” of the marriage. In this case, one would normally use the ground of “insupportability.”  

Under Texas Family Code (TFC) § 6.001, the court may grant a divorce without regard to fault “if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”

However, sometimes the situation may call for a party to list the “fault” that he or she believes the other has committed during the marriage or other reasons that he or she believes that the Court should consider to rule in his or her favor.  One of the reasons for making that claim is to request the court for an unequal distribution of marital assets, as well as other reasonable remedies.  A court may grant a divorce in favor of one spouse for the following reasons:: 

• Cruelty, which is the cruel treatment toward the complaining spouse of a nature that renders further being together insupportable. TFC § 6.002.

• Adultery.  TFC § 6.003.

• Conviction of Felony, which is:

  • If during the marriage the other spouse (1) has been convicted of felony; (2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, AND (3) has not been pardoned. 

  • The court typically may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
    TFC § 6.004.

• Abandonment, if the other spouse (1) left the complaining spouse with the intention of abandonment; AND (2) remained away for at least one year. TFC § 6.005.

• Living Apart, if the spouses have lived apart without cohabitation for at least three years. TFC § 6.006.

• Confinement in Mental Hospital, if at the time the suit is filed: (1) the other spouse has been confined in a state mental hospital or private mental hospital in this state or another state for at least three years; AND (2) it appears that the hospitalized spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable. TFC § 6.007.

If you find that your situation falls into any of the above reasons, you may be eligible for remedies. Whether or not you can receive remedies, the type of remedies, and the extent will depend on your specific situation.  It is your burden of proof, as the person making the claim, to show that the court should find in your favor.  Since this is a complex legal analysis, you should hire an experienced attorney to help you in your pursuit. 

The content provided in this blog is for informational purposes only.  This is not legal advice, and your viewing of this blog does not form any attorney-client relationship. 

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