Do you have to prove fault in order to get divorced in Texas? No, you don't. Texas is what's called a "no-fault" divorce state and like other jurisdictions around the country that have this rule, what that means is that you do not have to prove fault by your spouse in order to end the marriage.

This can be good or bad. It can be bad in the sense that if you are not interested in getting divorced, but your spouse is determined to do it, you can't stop it. All you can do is try to control the outcome and the terms that you end up with.

The good part of it is that if you're in a bad situation where divorce is really the best option, it means that your spouse cannot prevent you from getting divorced. And in some cases, that can be very, very helpful because you don't have to go down that road of proving fault.

Fault can play a role in the terms of the divorce and what happens, but that's a more detailed discussion you would need to have with an attorney about how fault plays a role. But fault is not required in order to get divorced in the first place, under the Texas no-fault divorce rules. 

David Todd
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Austin TX Family Law, Personal Injury and Eminent Domain Attorney