What is the faster I can get a divorce in Texas?
In todays world of conflict and stress, a common question I get from clients is – how quickly can I get a divorce. The answer I give my clients is that in Texas there is a 60 day cooling off period. Therefore, you will have to wait at least 60 days to get divorced; and, that also applies to divorces where the parties are in agreement and will not litigate the case.
Another common question that I am posed with regards the grounds on which a person can get divorced in Texas. Typically, under the Texas Family Code, most divorces are granted on the grounds of “Insupportability”. So, on filing a petition by either party to a marriage, the Court may grant a divorce without regard to “fault” by either party to the marriage if the marital relationship between the persons has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship between the parties and prevents any reasonable expectation of reconciliation.
Do we have to go to marital counseling? In Texas, a person does not have a legal duty to reconcile; although, there are some factions in Texas that are pushing for legislation which would require persons to complete counseling and extend the “60 day waiting period” before the Court will grant a divorce. However, currently the Legislature has in place the statutory grounds of “insupportability” to protect a person’s interest in seeking a divorce from their partner without requiring a person to make a showing of “fault”.
In Texas, the “insupportability” grounds which is commonly referred to as a “no-fault” divorce has three elements under the Texas Family Code section 6.001. The person seeking a divorce has three statutory elements which the petitioner has the burden to establish the existence of when proving up the case in a Texas Court. Number 1, the person must establish that the marriage has become insupportable because of discord or conflict. Number 2, that the discord or conflict destroys the legitimate ends of the marriage. And number 3, that there is no reasonable expectation of reconciliation.
Under section 6.002 of the Texas Family Code, the Court may also grant a divorce in favor of one party if the other party is guilty of cruel treatment toward the complaining party of a nature that renders further living together insupportable. Insupportable means “incapable of being borne, unendurable, insufferable, intolerable”. Simple disagreements or trifling matters do not justify granting a divorce on the grounds of “cruelty”. Adultery can also be considered to be cruelty sufficient to support the granting of a divorce on that ground. Under section 6.003 of the Texas Family Code, the Court may grant a divorce in favor on one party if the other party has committed adultery.
Texas Courts interpret “adultery” to mean the “voluntary sexual intercourse of a married person with one other not the spouse”. Furthermore, adultery is not limited to actions committed before the parties separated.
Conviction of a felony is another ground for divorce in Texas. Under section 6.004, a Texas Court may grant a divorce in favor of one party if during the marriage, the other party has been convicted of a felony and has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and, the party has not been pardoned. However, the Court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
Regardless of the fault alleged to have occurred in the marital relationship and in a subsequent divorce proceeding, it is relatively simple and inexpensive to attain a divorce against a spouse in the State of Texas. On the filing of any party to a marriage, the Court will grant the party a divorce without regard to whether or not there was “fault” in the marriage if the marriage basically has become “insupportable” and there is no “reasonable expectation of reconciliation”. However, if you are contesting property or conservatorship of a child, it may require that you pursue a fault divorce. A fault divorce will cost a lot more in fees and time than a no fault divorce. So, people need to balance the cost of getting a divorce and fighting for a disproportionate share of the marital assets or primary conservatorship.