Ending a marriage is never easy, but no-fault divorce in Texas gives couples a way to move forward without assigning blame. At the Law Office of Katy M. Lovett, PLLC in Round Rock, we help clients through the Texas divorce process with care, respect, and clear guidance every step of the way.
Whether you’re dealing with child custody, property division, or just want an amicable separation, attorney Katy M. Lovett can help you file your divorce petition, explain your rights under Texas law, and work toward a fair outcome, without having to prove fault.
To learn more about the Texas no fault divorce process, call 512-956-5356 or contact us online today.
What Is a No Fault Divorce in Texas?
A no-fault divorce in Texas allows a married couple to end their relationship without blaming either spouse for causing the dissolution.
Instead of needing to prove fault—such as adultery, abuse, or cruel treatment—one spouse can simply state that there are irreconcilable differences and that the marriage can no longer continue. This is very different from a fault-based divorce, where the person filing must prove the other spouse did something wrong.
A no-fault divorce is often the first step in an uncontested divorce, where both spouses agree on key matters like child custody, community property, separate property, spousal support, and child support. Working with a Round Rock uncontested divorce attorney can make the divorce process smoother and less stressful.
Is Texas a No Fault Divorce State?
Texas Family Code Section 6.001 allows for a no-fault divorce based on insupportability. This means the court can grant a divorce without either spouse having to prove fault, as long as the marriage has become unworkable due to conflict or disagreement and there’s no reasonable expectation of reconciliation. This is the legal basis for most no-fault divorces in Texas. It allows one spouse to move forward with the divorce process even if the other spouse doesn’t agree or refuses to participate.
No Fault Divorce vs. Fault Based Divorce in Texas
The main difference between a no-fault divorce and a fault-based divorce is the reason for ending the marriage and how it affects the outcome.
A no-fault divorce does not require either spouse to provide evidence of wrongdoing—just that the marriage is no longer working due to conflict. This can make the process less time-consuming and stressful, especially when both spouses agree and can settle issues like asset division, child custody, and spousal support without going to court.
In a fault-based divorce, one spouse must show that the other committed some form of misconduct, such as adultery, cruel treatment, or abandonment. Filing a fault-based divorce may be preferable when the other spouse’s actions have caused serious harm or when one spouse wants a greater share of community property or custody rights.
If you’re unsure which path to take, a Round Rock divorce lawyer can help you understand your options, prepare divorce papers, and protect your rights.
What Are the Grounds for No Fault Divorce in Texas?
Texas law allows for a no-fault divorce based on three main grounds: insupportability, living apart for an extended period, and long-term mental health confinement.
The most common ground is insupportability, which means the marriage has broken down due to irreconcilable differences, and there is no reasonable expectation that the spouses can repair the relationship.
Another no-fault ground is when the spouses have not lived in the same household for at least three years. Additionally, a divorce may be granted if one spouse has been confined in a mental hospital for at least three years and is unlikely to recover, or, if recovery is possible, the spouse is likely to relapse.
Do Both Spouses Have to Agree to a No-Fault Divorce?
Both spouses do not have to agree to a no-fault divorce. Under Texas law, as long as one person believes the marriage is over due to irreconcilable differences, the court can move forward with the divorce process.
If the other spouse disagrees or refuses to cooperate, the divorce becomes a contested no-fault divorce. This means the case may take longer and require court hearings to resolve essential issues like child custody, spousal and child support, and asset division.
Even in a contested case, the person filing does not have to prove fault. Instead, the court will review the facts and make decisions based on what is fair and in the best interest of any children involved.
The Legal Process for Filing a No Fault Divorce in Texas
To file a no-fault divorce in Texas, you or your spouse must meet the residency requirements. One of you must have lived in Texas for at least six months and in the county where you plan to file for at least 90 days.
The divorce process begins when one spouse files an original petition for divorce with the court. The other spouse must then be formally served with the divorce papers and has the chance to respond or file a counter-petition. If both spouses agree on all marital issues, it may be considered an uncontested divorce, which usually moves more quickly.
Texas law requires a 60-day waiting period from the day the petition is filed before the court can finalize the divorce, unless there are exceptions such as domestic abuse or family violence. After all issues are resolved and the waiting period has passed, the court will issue a final divorce decree, officially ending the marriage.
How Is Property Divided in a No Fault Divorce?
The court divides property based on the state’s community property laws. This means that most property, income, and debt acquired during the marriage by either spouse is considered jointly owned and must be divided in a way that the court finds fair. Property that was owned before the marriage, inherited, or received as a gift is usually treated as separate property and stays with the original owner.
Even though fault does not have to be proven, the court may still consider certain factors when dividing assets, such as each spouse’s earning ability, who will have child custody, whether one spouse committed adultery or wasted assets, and each person’s financial needs after the divorce.
Property division can include everything from bank accounts and homes to retirement accounts and debts. A Round Rock property division lawyer can help you understand your rights, protect your share of the marital property, and ensure nothing is overlooked during the Texas divorce process.
How Does a No-Fault Divorce Affect Child Custody and Support?
In a no-fault divorce, decisions about child custody and child support are based on what is in the best interest of the child, not on who is at fault for the end of the marriage.
Texas courts typically follow a standard possession order, which outlines a regular schedule for each parent to spend time with the child. Most cases result in joint managing conservatorship, where both parents share the rights and responsibilities of raising the child. However, a judge may award sole conservatorship to one parent if they believe it’s best for the child’s safety or stability.
Child support is usually paid by the parent who does not have primary custody. The amount is calculated using Texas child support guidelines, which consider the paying parent’s income and number of children.
Can You Get a No Fault Divorce Without Going to Court?
Yes, you can get a no-fault divorce in Texas without going to court.
In an uncontested divorce, couples can work out a settlement agreement that covers key marital issues without needing a courtroom trial. When there are disagreements, divorce mediation or collaborative divorce can help both parties reach an agreement in a more private and cooperative setting.
Mediation involves a neutral third party who helps the spouses work through disputes, while collaborative divorce brings both spouses and their attorneys together to resolve issues outside of court. These options are often less stressful and more cost-effective.
A divorce mediation lawyer in Round Rock can help you through the process and protect your interests while keeping the case out of court whenever possible.
Do You Need a Divorce Attorney for a No Fault Divorce in Texas?
While it’s possible to file for a no-fault divorce without a lawyer, doing so can lead to costly mistakes. Without legal guidance, you may miss necessary steps in the divorce process or agree to terms that don’t fully protect your rights.
Even in an uncontested divorce, it’s helpful to have a divorce attorney like Katy M. Lovett review your settlement to ensure everything is fair and legally correct.
Filing for Divorce in Texas? Discuss Your Options with Round Rock Divorce Lawyer Katy M. Lovett Today.
Whether your divorce is straightforward or more complicated, the Law Office of Katy M. Lovett, PLLC, is here to help you through every step.
Round Rock divorce lawyer Katy M. Lovett understands that no two divorces are the same. Whether you’re filing for a no-fault or a fault-based divorce, she will take the time to understand your situation, explain your options clearly, and help you make decisions that protect your future.
From filing the divorce petition to reaching agreements on property division, child custody, and more, our law firm is committed to making the process as smooth and stress-free as possible. Call 512-956-5356 or contact us online to schedule a consultation today.
