Texas Divorce Rate – Latest Statistics

When one decides to make the vow of marriage, the possibility of divorce is often the last thing on the mind. However, divorce is an all too common conclusion that many couples find themselves facing. All across Texas, spouses may find themselves seeking a legal divorce for a variety of reasons. Knowledge is power, and at the Jimmy Vaught of Counsel for the Eggleston Law Firm, we want to help you understand the Texas divorce rate.

Divorce in Texas

The national averages for divorce have been increasing over the years. One study found that around 2.4 per 1000 people in the United States are divorced. While Texas divorce rates have remained one of the lowest in the country, they are climbing with the rest of the nation. Of course, some places have higher divorce rates than others. The counties of Tarrant, Bell, and Galveston have some of the highest rates of divorces, around 11%.

At-Fault Divorces

Anyone experiencing divorce knows that the reasons behind it can be multiple. Within the context of divorce proceedings, one of the most important categories is whether a divorce occurs under at-fault circumstances. This can make divorce litigation easier for the wronged party. In Texas, grounds for fault-based divorce can include the following:

• Adultery: If one spouse can be shown to have been unfaithful, a court may consider the other spouse a wronged party.
• Abandonment for at least one year: This includes if a spouse has been physically away for one year, or if there is evidence of the intention of abandonment.
• Abuse: This includes mental or physical cruelty towards one spouse. Domestic abuse is also considered a legitimate category.
• Felony conviction: If one spouse has been convicted of a felony, and/or spent up to one year in a penal institution, the court may consider this as legitimate grounds for a divorce.
• Mental Incapacitation: If it can be shown that one spouse is suffering from a mental impairment and recovery is unlikely, or if the spouse has been confined in a state hospital for at least three years, at-fault divorce may be granted.

It is important to remember that once you file for a divorce based on some kind of fault, evidence will be required to support the kind of fault you have listed. If you are unsure whether you can prove this fault, it is vital to speak with a divorce attorney who can either help you recover usable evidence or counsel you appropriately on the next steps.

No-Fault Divorces

In a no-fault divorce case in Texas, the two spouses must agree that they no longer wish to be married and will formally acknowledge the fact that neither party is necessarily guilty of any wrongdoing or misconduct. In such a case, they can cite grounds for divorce based on irreconcilable differences, otherwise known as “insupportability.”

If you and your spouse decide to take this step, it is important to understand that a no-fault divorce may still require testimony. While no-fault divorces tend to be less acrimonious than at-fault divorces, evidence of irreconcilable differences may still need to be provided. There are several factors that may contribute to seeking a no-fault divorce in Texas, including:

• Lack of physical or emotional intimacy: It is not uncommon that couples drift apart, and a lack of intimacy, either emotional or physical, is understood by courts to be an underlying reason for legitimate no-fault divorce.
• Conflict or discord between the couple: This could include things like a breakdown in communication or general incompatibilities of personality.
• Issues regarding the couple’s finances: Often, a couple’s financial instability can lead to a breakdown of a marriage, and courts can take this into consideration.

FAQs

Q: What Is the Most Common Reason for Divorce in Texas?

A: In recent years, the most commonly cited reason is that of “insupportability,” or believing that their marriage has reached a point of irreconcilable differences. In these cases, both parties involved in the marriage reach an agreement that their marriage is beyond saving, and there is no way of achieving reconciliation. In such cases, a no-fault divorce may be sought by the couple.

Q: Is There a Waiting Period for Divorce in Texas?

A: Yes, there is a mandatory waiting period for divorce in Texas. In instances where an act of family violence has occurred, the judge involved in your case may waive this waiting period to speed up the process. In order to expedite a divorce and bypass the waiting period, the victim must file a restraining or protective order against their spouse or show evidence of a previous conviction of family violence or abuse.

Q: What Can Increase the Risk of Divorce?

A: No two divorces are alike, and there are many things that can increase the possibility of divorce between a couple. Things like compatibility, values, and how prepared people are to share their lives are all influencing factors. Studies have shown that, in general, those who marry younger tend to get divorced more than those who wait. Couples who experience longer courtships often tend to stay longer after marriage as well.

Q: How Long Can a Divorce Case Take in Texas?

A: There is no exact timeline for how long a divorce case takes in Texas. It depends on the nature and complications involved in the divorce. In cases where the divorce is contested, or a couple cannot agree on certain aspects of the divorce, like property division or child support, the overall time frame can increase.

Speak with a Trusted Texas Divorce Lawyer Today

Divorce can be difficult. It can cause emotional, financial, and familial turmoil. In such times, it is important to know you are not alone. While understanding statistics can contextualize divorce, having sound legal counsel can help you through divorce litigation to ensure the optimal outcome for your future stability.

At Jimmy Vaught of Counsel for the Eggleston Law Firm, we are prepared to advocate on your behalf and provide you with experienced advice. Contact our offices today to schedule a consultation.