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No-fault Divorce in Texas

There are many grounds for divorce under the Texas Family Code.  These include adultery, imprisonment, cruelty, abandonment, and living separate and apart.  All of these are fault grounds, which the party seeking the divorce must offer evidence to prove before a court can issue a divorce decree.  This can complicate the process, especially if the other spouse does not want to divorce and denies that grounds exist.

However, when the parties are amenable, a no-fault divorce can be substantially less complicated than a fault divorce.  While there still may be disputes regarding property division, child custody, child support, and spousal maintenance, a no-fault divorce at least protects the parties from having to publicly explore the intimate details of their marriage and the reasons for its ultimate failure.

Most states now have some version of no-fault divorce.  In Texas, insupportability is the no-fault ground for divorce.  A court may grant a divorce on these grounds if a marriage has become insupportable due to discord or incompatibility to such an extent that the legitimate ends of the marital relationship are no longer attainable and no reasonable expectation of reconciliation exists.

While it can still be stressful and emotionally taxing, a no-fault divorce is often a superior alternative to a divorce on fault grounds.  Additionally, this less contentious type of divorce is often a good candidate for the mediated or collaborative divorce process.  These processes allow the parties to work together to form a divorce agreement that covers issues such as property division and child custody.

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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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