Texas law allows for divorce on the basis of fault or without fault. A no-fault divorce proceeding in Texas means that neither party is required to prove the other committed any wrongdoing. Instead, the divorce can be granted based on insupportability, which means the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. This is a common ground for divorce when both parties simply agree the marriage is irretrievably broken.
The ability to pursue divorce without proving fault simplifies the process and can potentially reduce conflict between the divorcing parties. Historically, divorces required establishing specific grounds like adultery or abuse. The advent of no-fault divorce grounds offers a less adversarial path for couples seeking to end their marriage. It focuses on the viability of the marital relationship rather than assigning blame, often resulting in more amicable settlements.
