Divorce proceedings in Texas take months to complete. They often involve spouses evaluating the impact of misconduct while trying to separate their lives. Many divorces begin because of infidelity or domestic violence by one spouse.
Some people in unhappy marriages may believe that they are not in a position to seek justice because they do not have proof of misconduct that is strong enough to convince the court that their situation warrants a divorce. Do spouses hoping to end their marriages need compelling evidence of fault to qualify for a divorce?
Texas sees many no-fault divorces
Texas recognizes multiple legal grounds for divorce. Those grounds include adultery, abandonment, abuse, felony convictions, long-term separation and confinement in a mental hospital. Those with proof of qualifying circumstances can ask the court to affirm their spouses were at fault.
However, anyone, even those with proof of fault-based grounds for divorce, can request a no-fault divorce. No-fault divorce requires a claim of “insupportability,” which some people refer to as irreconcilable differences.
Spouses do not need proof of misconduct to move forward with a divorce filing. Given that most forms of misconduct have minimal, if any, impact on the outcome of divorce litigation, many people opt for faster, simpler no-fault filings instead of trying to prove that their spouse is to blame for the breakdown of the marital relationship.
Learning more about the unique rules for Texas divorces can help people understand their options. A no-fault divorce is available even in cases where people cannot prove that any significant misconduct occurred. Getting experienced legal guidance can help.