All States recognize no-fault divorce, although some states require that the spouses live separately for a designated period of time before either of them can file for divorce. In Wisconsin, Washington, Oregon, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado, California, and the District of Columbia, one can only file for divorce on no-fault grounds, and fault grounds are not available. In States that allow fault grounds, traditional fault grounds are adultery, abandonment and cruelty.
The concept of no-fault divorce was introduced to Texas on January 1, 1970, with the introduction of “insupportability” as a ground for divorce. This rather quickly became the basis for granting nearly all of the divorces in Texas. The no-fault ground for divorce means that the court can grant a divorce without regard to fault, if the court finds that “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” (quoting the Texas Family Code).
No-fault divorce has elicited criticism from some groups who have advocated for its repeal. Legislation to this effect has been introduced in virtually every Texas legislative session since 1997, but has yet to be enacted. However, fault grounds continue to exist in Texas. A court may grant a divorce on fault and/or no-fault grounds. Following are the fault grounds in Texas:
1. Cruelty
2. Adultery
3. Conviction of a Felony
4. Abandonment
5. Living Apart
6. Confinement in a Mental Hospital
In Texas, grounds must be plead in a divorce and one can file for divorce on fault and/or no-fault grounds. In Texas, no-fault is the most commonly plead ground for divorce, however fault grounds can also be asserted. Cruelty and adultery are the most commonly asserted fault grounds, to serve as a further basis for an unequal division of property, or to strategically assist in a custody dispute.
If you are considering divorce, KoonsFuller, P.C. is available for all your family law needs.
