Texas is a no-fault divorce state, meaning that couples can divorce without claiming or proving that one member of the marriage directly caused the issues that led to the divorce (such as committing adultery or cruelty). If the spouses agree that the marriage is irretrievably broken, then they can file for divorce in Texas. However, if courts can find evidence or grounds that a marriage could reasonably be reconciled, then the divorce may not be granted.
Like every state, Texas has its own laws regarding divorce, and the no-fault grounds are only a piece of the puzzle. Another part of Texas law is the 60 day waiting period that follows a divorce filing, during the first 30 of which neither party may remarry. Additionally, while no grounds are necessarily required, there are other grounds for divorce which couples can use to make it more likely that their divorce is completed.
Other grounds for divorce in Texas include three years or more of couples living separately, abandonment and conviction of a felony. Considering no fault is required for a divorce, Texas residents may wonder why proving fault matters. However, if one member of the marriage can be proven to be at fault in the divorce, it will likely affect the entire landscape of the divorce.
Obviously one of the key issues of divorce is the way in which the married life is divided between the divorcing couple; this includes asset division and child custody for instance. If a couple claims that a marriage is irretrievably broken, then the ensuing litigation will devote a great deal to determining child custody if parents cannot agree. If one spouse committed adultery or abandoned the family, it will be nearly impossible for that parent to make a strong custody case. If you are going through a divorce in Texas, consider meeting with an attorney to discuss the circumstances of your divorce.