The Texas No-Fault Clause, occasionally referred to as the Texas No-Fault Divorce Law, is a legal provision that allows couples to obtain a divorce without assigning blame or fault to either spouse. Instead of proving misconduct or wrongdoing, the No-Fault Clause permits couples to dissolve their marriage based on the grounds of insupportability or irretrievable breakdown of the marital relationship. This provision is prevalent not only in Texas but also in several other states across the United States. As per the Texas Family Code section 6.001, the No-Fault Clause allows either spouse to file for divorce without specifying the reasons behind their decision. Instead, they simply need to state that the marriage has become insupportable due to discord or conflict that makes any reasonable reconciliation improbable. By utilizing this provision, couples can seek divorce without engaging in protracted and often contentious litigation over fault-based grounds such as adultery, cruel treatment, abandonment, or imprisonment. There are no separate types of No Fault Clauses in Texas; however, this provision does provide some variations in terms of procedures and requirements. For instance, Texas allows both contested and uncontested no-fault divorces. In an uncontested divorce, both spouses agree on the terms of the divorce, including child custody, property division, and support. Contested divorces occur when there is disagreement or dispute regarding such matters, requiring intervention by the court to resolve the issues. It is crucial to note that while the No-Fault Clause simplifies divorce proceedings by removing the need to establish fault, it does not absolve spouses from their responsibilities regarding financial obligations, child custody, or support. In fact, these matters are considered separately during divorce proceedings and are typically determined based on the best interests of the children involved and the equitable distribution of assets. In summary, the Texas No-Fault Clause is a legal provision that enables spouses to seek divorce without assigning blame or fault to either party. It offers a simplified process for dissolving marriages based on the grounds of insupportability or irretrievable breakdown of the marital relationship. Couples can avail themselves of either contested or uncontested divorce procedures, depending on their agreement or disagreements regarding various divorce-related matters.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.