Divorce can be a complicated and emotional process—but not every case involves a major scandal or a long list of grievances. In Texas, many couples choose to file for what’s called a no-fault divorce, which allows them to end the marriage without pointing fingers or proving wrongdoing.
As experienced Frisco divorce attorneys, we’ve helped many clients navigate this process as smoothly as possible. Whether you’re considering filing or are already in the middle of a divorce, here’s what you need to know about no-fault divorce in Texas.
What exactly is a no-fault divorce?
A no-fault divorce means that the person filing does not have to prove that the other spouse did something wrong—like adultery or abuse—to justify the divorce. Instead, the couple can claim that the marriage has become “insupportable” due to conflict or discord that can’t be resolved.
This is Texas’s legal term for irreconcilable differences.
Grounds for no-fault Divorce in Texas
Texas law allows several grounds for divorce, but “insupportability” is the most commonly used and is considered the primary no-fault ground. According to the Texas Family Code:
“The court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict… that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
In plain terms, it means the marriage just isn’t working anymore—and there’s no realistic chance of fixing it.
How does it differ from a fault-based divorce?
In a fault-based divorce, one spouse claims the other’s actions caused the breakdown of the marriage. Fault-based grounds in Texas include:
- Adultery
- Cruelty
- Abandonment
- Conviction of a felony
- Confinement in a mental institution
These cases often require presenting evidence and can lead to longer, more contentious court proceedings. In contrast, a no-fault divorce generally moves faster, involves less conflict, and may allow the parties to maintain a more cooperative relationship—especially important when children are involved.
Do both spouses have to agree?
No—only one spouse needs to claim that the marriage is insupportable to begin a no-fault divorce. Texas does not require both parties to agree. If your spouse contests the divorce, it could become more complicated, but the court can still grant a divorce based on no-fault grounds as long as insupportability is established.
Key steps in a Texas no-fault divorce
Here’s a general outline of how the no-fault divorce process works in Texas:
- Filing the Petition: One spouse (the petitioner) files for divorce in the appropriate Texas county—usually where either spouse has lived for at least 90 days.
- Serving the Other Spouse: The other spouse (the respondent) is formally served with the divorce papers unless they waive this requirement.
- Waiting Period: Texas law requires a 60-day waiting period before a divorce can be finalized, starting from the date the petition is filed.
- Negotiation and Settlement: If both parties agree on the terms—such as property division, child custody, and support—the case can move quickly. Otherwise, mediation or court hearings may be needed.
- Final Decree of Divorce: Once all terms are settled, the court signs a Final Decree of Divorce, officially ending the marriage.
Do you still need a lawyer?
Even in a no-fault divorce, legal issues can arise—especially when there are shared assets, children, or disagreements over custody or finances. A skilled Frisco divorce lawyer can help you:
- Protect your parental rights
- Ensure a fair division of property and debts
- Negotiate child support and spousal maintenance
- Draft and review all necessary legal documents
The goal of a no-fault divorce is to simplify the process—not to leave you unprotected.
Albin Oldner can guide you every step of the way
At Albin Oldner Law, we understand that every divorce is unique. Whether you’re pursuing a no-fault divorce or facing unexpected challenges, our experienced attorneys will guide you with compassion, clarity, and strength.
If you’re considering divorce in Frisco or the surrounding areas, let us help you make informed decisions that protect your future.
Call Albin Oldner Law today at (214) 423-5100 to schedule a consultation with a trusted family law attorney. We’re here to make the process as smooth and stress-free as possible.
