Divorce used to be a complicated process of terminating a marriage contract by trying to prove that one of the parties in the marriage is at fault. Most of the usual grounds for divorce were:

1. Adultery – wherein one or both parties have sexual partners other than their spouses
   
2. Cruelty – physical or verbal abuse manifested on the complainant
   
3. Abandonment/Desertion – the husband or wife willfully leaves their domicile for at least 12 months uninterrupted
   
4. Imprisonment/Felony Conviction – When the husband/wife is convicted for a crime and has to serve a sentence of at least 12 months
   
5. Insanity – When the spouse is diagnosed as insane and needs to be institutionalized for at least 3 years

But what happens when none of the above reasons are behind a couple’s desire to dissolve their marriage? What if they just cannot get along peacefully anymore, or prefer to live lives separately but want to part ways amicably? Do they need to pretend or fabricate facts just to get divorced? These questions provided the foundation for the creation of a “no fault” divorce. Introduced into US laws in the 1960s, the no-fault divorce came about as a realization that it was better for some couples to be granted a divorce rather than coerce them to live together in “marital hell” or constrain them into lying in court just to get a divorce. The no-fault divorce option was viewed as a departure from adversarial court proceedings, wherein accusations and sometimes fabrication of facts and evidences were done just to obtain the divorce. A No-Fault Divorce is the preferred course of action taken by couples who want to get divorced without having to prove that the relationship’s breakdown is the fault of either party. Under the No-Fault divorce proceedings, the petitioning spouse can get divorced even without the consent of his/her partner. Married couples can also file for a No-Fault divorce if they have been living apart for at least three years or if the marriage has become “insupportable” because of conflict or irreconcilable differences.

1. Alimony – Financial support, also known in Texas as maintenance. Awarding the appropriate amount for maintenance is based on factors stipulated in the Texas Family Code.

2. Division of Property – Texas adheres to the “community property” system wherein property acquired by either spouse during the marriage is considered community property to be divided upon the divorce

3. And, if there are children involved in the marriage to be dissolved, the subject of Custody, Visitation Rights and Child Support are likewise to be considered.

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