Does a spouse have to prove fault on the part of the other spouse to obtain a divorce?
No. Texas is a no-fault divorce state. We simply plead “conflict of personalities that destroy the legitimate ends of the marital relationship.” No spouse has to “give” the other spouse a divorce anymore. However, many fault issues (adultery, cruelty, etc.) are frequently relevant factors in divorce cases because they can have an impact on how the community property is divided, or how custody is decided. There is some discussion in the legislature about doing away with the no-fault divorce.
Michael R. Puhl