How Texas No Fault Divorce Laws Impact Both Spouses

Divorce can be a challenging and emotional process, especially if one spouse wants to end the marriage while the other does not. In Texas, as in many other states, the reason for divorce listed in the petition can play a role in how courts handle these situations, no-fault being one of the reasons for a divorce.

If you find yourself in a position where your spouse has filed for divorce against your wishes, it is essential to understand your rights, legal options, and the broader implications of no-fault divorce Texas laws. It is also vital to consult a Texas family law attorney about your specific circumstances and end-goals.

What Is No Fault Divorce?

No-fault divorce allows one spouse to file for divorce without proving that the other spouse did something wrong. In Texas, the most common ground for a no-fault divorce is “insupportability,” which essentially means that the marriage has become insupportable due to conflict or discord that destroys the relationship and prevents reconciliation between the parties..

The key takeaway here is that a spouse does not need to provide evidence of adultery, cruelty, abandonment, or any other fault-based reason to seek a divorce. If one spouse insists that the marriage is no longer viable, the court will typically grant the divorce, even if the other spouse disagrees. However, keep in mind that the different grounds for divorce can potentially impact things such as spousal support/alimony and/or child custody agreements.

Can You Contest a No-Fault Texas Divorce?

If you do not want a divorce, you do have legal options, but contesting a no-fault divorce can be difficult. Consulting your Texas divorce attorney about your situation is crucial when collecting expert guidance on how to proceed, especially if/when children are involved. The reality of the situation is that if one spouse wants a divorce that spouse will obtain one.

Here are generalized methods that some consider to hopefully avoid a divorce:

• Reconciliation Efforts: If you believe there is a chance to save your marriage, you may request couple’s counseling or mediation. Texas law allows judges to order couple’s counseling in some cases, though this is not common. Remember, if a spouse wants a divorce and is forced into counseling, it might not go well. The counselor then will submit a written report to the judge.
• Co-parenting counseling is also an option (and sometimes mandated) in certain cases
• Legal Arguments: If your spouse has not met residency requirements (one spouse must have lived in Texas for at least six months and in the filing county for 90 days), you may be able to challenge the filing on procedural grounds. But again, remember, the spouse that wants the divorce might wait the appropriate time period and then file for divorce again.
• Fault-Based Counterclaims: While Texas can operate under no-fault divorce laws, if you have evidence of adultery, cruelty, or abandonment, you may be able to file a counterclaim for a fault based divorce, which could impact property division, spousal support and/or custody division of children. This would not necessarily support an end-goal of reconciliation, however, if that is your desire.

How Long Does the Divorce Process Take?

Under Texas law, there is a mandatory 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized. However, if one spouse contests the divorce or if there are complex issues regarding child custody, property division, or spousal support, the process can take months or even years.

This is an emotionally taxing process for most, so make sure to seek a support team for the duration of the process for yourself and any children involved.

Legal and Emotional Support Resources

If you are facing a divorce you do not want, it is crucial to seek both legal and emotional support. Here are some resources:

• Legal Assistance: Consulting with a Texas family law attorney can help you understand your rights and options. Additional financial experts and other professionals may also add value as you consider your legal options and decide how to proceed.
• Counseling Services: Marriage counselors or therapists can help you navigate the emotional impact of divorce and explore potential reconciliation if both spouses are willing. In Texas, mental wellness navigation resources help you find providers and even support groups that meet your needs.
• Mediation Services: Mediation is an alternate dispute resolution method (ARD) that offers dispute resolution options that may help spouses reach agreements outside of a court with the help of your legal team. You can learn more about the emotional and financial benefits of mediation HERE.
• Support Groups: Divorce support groups provide a community for individuals going through similar situations. There are many ways to connect with a group in your area (or virtually), but if you need a starting point, then Psychology Today’s support group directory might be a good place to begin your search.

Partner With a Family Law Attorney to Move You Forward

No-fault divorce laws in Texas mean that if one spouse wants a divorce, it is difficult to stop the process. However, by understanding your legal rights, exploring reconciliation options, and seeking professional support, you can navigate the situation with clarity and confidence. If you are in this position, speaking with a qualified Texas family law attorney can provide valuable guidance tailored to your circumstances.

Clients can count on our accomplished team at Capps Law Firm of family law experts to provide comprehensive family law services needed to resolve the matter effectively. From the courtroom to the conference room, we work with each client to develop a tailored strategy that reflects your unique situation and objectives.

If you need assistance, please reach out to our office for a consultation. We are here to help you through every step of the process. Contact our office or call our office at (512) 338-9800.