No-Fault Divorce in Texas
Texas lets you end a marriage without blaming your spouse — on the no-fault ground of insupportability. In fact, most Texas divorces are filed this way. Here is what that means for you.
What Is a No-Fault Divorce?
A no-fault divorce is a divorce granted without either spouse having to prove the other did something wrong. Neither adultery, cruelty, nor any other misconduct has to be alleged. The marriage simply ends because it can no longer continue.
Texas has allowed no-fault divorce for decades, and it is by far the most common way couples divorce in the state — it is often faster, less costly, and less adversarial than a fault-based case.
“Insupportability” — Texas's No-Fault Ground
The Texas no-fault ground is called insupportability. It means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage, with no reasonable expectation of reconciliation. In plain terms: the marriage is broken and cannot be fixed.
A spouse filing on insupportability does not have to prove who caused the breakdown, and the other spouse cannot stop the divorce simply by objecting.
No-Fault vs. Fault-Based Divorce
Texas still recognizes fault grounds — such as cruelty, adultery, felony conviction, abandonment, and others. A spouse may choose to allege fault because it can, in some cases, influence the division of property or decisions about the children.
Choosing between a no-fault and a fault-based approach is a strategic decision. For many couples, no-fault is the most efficient path; in other cases, raising fault is worthwhile. We help you weigh which approach fits your goals.
You Still Have to Resolve Property and Children
No-fault only addresses the ground for the divorce. Every divorce — no-fault or not — must still resolve:
- Division of the community estate (property and debts) in a manner that is just and right
- Conservatorship, possession, and access if there are children
- Child support and, where appropriate, spousal maintenance
When spouses agree on these issues, an uncontested no-fault divorce can move quickly. When they don't, the case can still be contested even though the ground is no-fault.
Residency and the 60-Day Waiting Period
To file in Texas, one spouse must have lived in the state for at least six months and in the filing county for at least 90 days. After the petition is filed, Texas imposes a mandatory 60-day waiting period before a divorce can be finalized — so even the simplest divorce takes about two months at a minimum.
Is No-Fault Right for You?
For most couples, a no-fault divorce is the simplest and least stressful route. But the right approach depends on your circumstances — especially where significant property or children are involved. Attorney Keith Phillips, a Texas family lawyer and licensed mediator, can help you choose the path that protects your interests while keeping conflict as low as possible.
Frequently Asked Questions
No. Texas allows no-fault divorce on the ground of insupportability, which simply means the marriage has broken down with no reasonable expectation of reconciliation.
No. One spouse can obtain a no-fault divorce even if the other does not want it. The other spouse cannot prevent the divorce by objecting.
Texas requires a minimum 60-day waiting period after filing. An agreed, uncontested case can finalize shortly after that; contested cases take longer.
One spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days before filing.
No. Texas divides the community estate in a way that is “just and right,” which is not always equal. No-fault refers only to the ground for the divorce, not the property division.
Yes. Even when a divorce is filed as no-fault, evidence of fault such as cruelty or adultery can sometimes affect the division of property or decisions about children.
A Simpler Path Forward
Whether your divorce is straightforward or complex, an experienced Texas attorney and mediator can guide you. Your first consultation is free and confidential.
Schedule a Free Consultation →This page is provided for general informational purposes only and does not constitute legal advice. Every case is different, and outcomes depend on the specific facts and applicable law. Contacting the firm through this website does not create an attorney-client relationship.
Meet Our Team at the Law Office of Keith Phillips
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is a father of five.
Behind the scenes, Kaitlyn is the one making sure nothing falls through the cracks — preparing documents, coordinating discovery, and tracking every deadline — so clients can focus on their families while she handles the details. What clients remember most is simply how heard she made them feel.
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Attorney advertising. Law Office of Keith Phillips is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Keith Phillips (TX Bar 2016) is the attorney responsible for this content.