A No-fault divorce means you are asking for a divorce without blaming your spouse for the marriage ending. In Texas, this is known as insupportability and focuses the divorce on dividing assets and creating a parenting plan rather than proving adultery, cruelty, or another fault-based ground.
What Does No-Fault Divorce Mean?
The simplest answer to what a No-Fault Divorce means is this: you want a divorce, and you are not claiming that your spouse caused the marriage to end through a specific act.
In Texas, no-fault divorce is the basis for all divorces and is based on insupportability. This means the marriage has broken down to the point that there is no reasonable chance of reconciliation and can no longer be supported. You do not have to accuse your spouse of adultery, cruelty, or another specific ground to seek a divorce. You can simply request the divorce without fault or blame.
Why Did Texas Move Toward No-Fault Divorce?
One major benefit of no-fault divorce is that it removes the need to assign blame for the end of the marriage. If you begin a divorce by accusing your spouse of adultery or cruelty, the divorce process may become more contentious and stressful. The more hostile a divorce, the more stress, and the more the process will usually cost in attorney’s fees. Instead of focusing on who did what, no-fault divorce allows you to focus on the matters that need to be resolved.
That shift also provides a different mindset for the family. Rather than trying to prove wrongdoing, you are working toward dividing assets and creating a parenting plan.
Does No-Fault Mean What Happened Does Not Matter?
For purposes of seeking a no-fault divorce, the answer is generally yes. The focus is not on proving who was responsible for the marriage ending.
You might feel that your spouse’s actions should be discussed. You might believe your spouse’s adultery or other conduct deserves attention. No-fault divorce, however, signals that the reason for the divorce itself is not the focus. Instead, the focus moves toward resolving financial matters and parenting issues. Both parties will be able to co-parent better down the road if the focus can shift away from blame.
How Does No-Fault Divorce Affect the Divorce Process?
No-fault divorce is a way to move forward without making blame the center of the case. You are telling the judge that the marriage is insupportable and that there is no chance of reconciliation. That does not mean divorce is simple or free from disagreement. It means the process focuses on reaching decisions about assets and parenting rather than focusing on who is at fault for the end of the marriage.
Put quite simply, no-fault divorce means you do not have to prove that your spouse caused the marriage to end. In Texas, insupportability allows you to seek a divorce based on the absence of a reasonable chance of reconciliation, while the focus shifts toward dividing assets and creating a parenting plan.
FAQs
What is insupportability in a Texas divorce?
Insupportability means the marriage has broken down and there is no reasonable chance of reconciliation.
Do I have to prove adultery to get a divorce in Texas?
No. A Texas divorce is based on insupportability without claiming adultery, cruelty, or another fault-based ground.
Does no-fault divorce mean my spouse’s conduct is never discussed?
No-fault divorce means the reason for ending the marriage is not the focus. The divorce instead focuses on matters such as dividing assets and creating a parenting plan.
As a founding partner of Martinez Legal P.C., Marci B. Martinez works with clients regarding their family law needs. She has extensive court experience, handling cases involving divorce, estate planning, adoptions, premarital agreements and private mediation for clients in Denton, the Dallas Metroplex and across Texas.
Ms. Martinez received her Bachelor of Science in human resource management from Arizona State University in 2002, Magna Cum Laude.
She earned her Juris Doctor from the Sandra Day O’Connor College of Law at Arizona State University in 2005. At law school, she was an Editor for the Arizona State Law Journal and the executive officer of the Christian Legal Society.
