Texas, along with many other states across the country, allows both no-fault and at-fault divorces. An at-fault divorce is one in which one spouse can point to the other’s conduct and claim this is the reason for the marriage coming to an end. However, before asking for a divorce based on fault, the alleging party must be able to prove that they should be given a divorce based on the reason they are alleging.
Texas also allows for a no-fault divorce. This means that neither party has to prove that the other is at fault. The petition will cite insupportability as the cause of the divorce. Legally, this means that the marriage cannot be supported due to a conflict of personalities or a dispute that destroys the legitimate ends of the marriage and there is no realistic expectation of a reconciliation. The couple must have been separated for three years to avail this ground.
This ground of divorce is generally availed when the couple has drifted apart and is not willing to reconcile with one another. This type of divorce can be pursued even if one party is trying to avoid or delay the process, which is why many spouses prefer to go down this route.
There are also other grounds for divorce in Texas, including adultery, abandonment, imprisonment or confinement to a mental hospital. Before deciding which ground to pursue, it might be beneficial to consult an experienced attorney to discuss one’s legal options and determine what evidence would be required to support one’s case.