People trying to make legal claims against others typically need evidence. Those pursuing divorce in the Texas family courts need evidence, much like anyone else trying to navigate complicated legal matters.
For example, spouses attempting to prove that actionable financial misconduct occurred or trying to prove that certain resources are marital property need household records to affirm those claims. Similarly, people generally need enough evidence to show that their marital circumstances meet the grounds that they assert when they petition the courts for divorce.
What do people seeking no-fault divorces need to prove as part of their filing?
Personal feelings aren’t provable
Most no-fault divorces in Texas begin with claims of insupportability. The term insupportability refers to a relationship that is no longer sustainable due to conflict between the spouses or a significant difference in personal values.
Spouses generally cannot prove how toxic their dynamic has become or how they feel about one another. Claims of insupportability only require that the spouse filing the petition make the assertion under oath during divorce proceedings.
The other theoretically no-fault basis for divorce has to do with a long-term legal separation. Those pursuing a divorce on the basis that they have remained separated from their spouse for three years or longer may need documentation affirming that they have maintained separate households for that long.
One of the reasons that people opt for no-fault divorces is that they don’t have to prove details about the marital circumstances as they do in fault-based divorce proceedings. That makes the divorce process faster and less contentious.
Reviewing household circumstances can help frustrated Texas spouses determine if they meet the standard for a no-fault divorce. Even those without any evidence of misconduct may be eligible for no-fault divorce proceedings.
