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Texas has no-fault divorce but can rule in favor of 1 spouse

On Behalf of | Nov 10, 2014 | Divorce

In the Texas Family Code, Title 1., Subtitle C., The Dissolution of Marriage, it states that either person in the marriage may file for divorce and the court is obligated to allow the for this dissolution without finding fault. In other words, Texas is a no-fault divorce state. Whether it is because of a conflict in personalities or because of arguing to the point that you or your partner cannot stand to remain in the marriage any longer, a divorce may be granted.

The court may allow a divorce in favor of one spouse in special cases, but you really need someone with experience to handle this type of action. It can be tricky. You must prove that there was cruelty or harsh treatment on the part of your spouse in the marriage. Other reasons for the court to find fault is because of adultery or a felony conviction that caused your spouse to be locked up for at least a year and he or she has not been pardoned.

If your spouse abandoned you and stayed away for at least one year, this may lead to a finding in favor of one spouse over the other by the Texas court. Additionally, if you have a spouse who was confined in a mental institution for at least three years, a divorce may be granted as well. If your spouse shows little or no signs of improvement because of the confinement, this may be a reason for divorce.

Divorce is never easy or pleasant. Having someone on your side who will watch out for your best interests can be an invaluable service at a time like this. You may want to talk to a attorney who knows the Family Code of Texas and has experience in this type of situation.

Source: Texas Family Code, “Title 1., Subtitle C., The dissolution of marriage” Nov. 10, 2014


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