Is Texas a No-Fault Divorce State? (What It Means for Your Case)

Under Texas Family Code §6.001, a court can grant a divorce on insupportability — a conflict of personalities that destroys the legitimate ends of the marriage with no reasonable expectation of reconciliation. You don't need your spouse's consent, their signature, or proof that anyone did anything wrong. This is how the vast majority of divorces in Ector and Midland counties are filed.

• Either spouse can file — refusal to "sign" does not stop a divorce
• 60-day minimum waiting period still applies (§6.702)
• Residency: 6 months in Texas, 90 days in your county

Texas is a hybrid state: fault grounds still exist and still have teeth. Proving adultery, cruelty, abandonment (1+ year), felony conviction, or living apart 3+ years can push the "just and right" property division past 50/50 in favor of the innocent spouse, and cruelty/family violence findings affect custody and spousal maintenance eligibility.

• Adultery proven with texts, financial records, or testimony can shift the estate split
• A family-violence conviction within 2 years opens spousal maintenance regardless of marriage length
• Fault rarely changes custody unless the conduct harmed the children