No-Fault Divorce in Texas

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