You may be considering divorce, but you’re not sure that you have a “good enough” reason. You’re worried that you need to prove that the divorce is necessary by showing that it is your spouse’s fault. But they didn’t have an extramarital affair or do anything else that you feel proves the validity of the divorce.
But do you actually have to prove anything to be granted a modern divorce? Fault certainly used to be important, and people did have to prove that divorce was necessary, but this all changed in the 1970s. This is when many states began adopting no-fault divorce laws, which are the same laws that Texas uses today.
Irreconcilable differences
What no-fault divorce laws mean is that fault isn’t a necessary component any longer. Couples can just cite irreconcilable differences or say that the marriage is irretrievably broken. They don’t have to prove that anyone did anything specifically to cause the split. They just have to state that they would like a divorce.
Fault can still play a role in the divorce proceedings and the outcome. For instance, if you’re seeking a divorce because of domestic violence, that could impact child custody rights for your ex. But even if there are absolutely no major issues like this, you can still seek a divorce under the current laws.
The proper legal steps
Getting divorced can be more complicated than some people assume. It’s very important to know about all the correct legal steps to take at this time. Be sure you know what obligations you have, what parental rights you have when dividing custody and how to split up your marital assets.