Should You Pursue a Fault-Based Divorce in Texas?

If you’re preparing for the divorce process in Texas, you’ll need to decide if you want to seek a fault-based or no-fault divorce. While the latter option is most popular in recent years, there are some legitimate reasons to prove fault when you’re legally ending your marriage. This is because proving fault has the potential to affect the outcome of your divorce case, including property division, spousal support, and child custody.

Of course, you’ll need to present evidence that your spouse was at fault for the divorce, which can be challenging without help. This is why it’s best to schedule a consultation with a trusted Texas divorce attorney who can help you prove fault if it will benefit your case. Learn how a fault-based divorce can affect the outcome of your case, and then contact South TX Family Law for legal assistance.

What Are the Grounds for Divorce in Texas?

As you prepare to file for divorce, you’ll need to know which grounds to pursue, if any. First, know that most couples opt for a no-fault divorce, which only requires you to cite insupportability or irreconcilable differences as the reason for ending the marriage. You won’t need to go into detail about why your marriage is over, so you don’t need to spend time and effort finding evidence to prove that your spouse’s actions led to the divorce.

But in some cases, it may make sense to prove that the spouse is to blame for the end of the marriage, as presenting certain details to the judge could affect the divorce negotiations. Before you decide if this is the right choice for your divorce case, consider the grounds for divorce in Texas:

Cruelty, including physical or emotional abuse
Adultery, as long as there is proof of it
Abandonment for at least one year
Felony conviction with imprisonment for at least one year
Confinement in a mental institution for at least three years
Living apart for at least three years

If you can prove that any of these grounds for divorce led to the breakdown of your marriage, you may want to pursue a fault-based divorce. Your Texas family law attorney can advise you on this after discussing what evidence you have and whether it’s likely to affect the outcome of your divorce.

How Can Grounds for Divorce Affect Your Case?

Pursuing a fault-based divorce will likely take more time and energy than a no-fault divorce, especially if your spouse contests your claim in court. This is why it’s essential to ensure the potential outcome is worth the extra time and legal fees it will take to prove fault. Consider some aspects of your Texas divorce case that could be affected by establishing grounds for divorce.

Property Division

Some grounds for divorce can affect the division of assets, as the judge may be persuaded to give a larger share of assets to the spouse whose actions did not cause the divorce. For example, if your spouse committed adultery or abandoned you, you may be entitled to more than half of the assets. This is especially likely if you can prove your spouse spent money during an affair or left you to pay the bills when they abandoned you for over a year.

Similarly other ways of significantly wasting community assets can influence the property division, such as a spouse who suffers from an addiction to substances or gambling, or a spouse who hides or destroys community property in the course of the divorce.

So, if you want a better chance of keeping the house or being awarded more assets than usual, proving fault may be the right route for you. On the downside, it will likely cause your divorce process to take longer, cost more, and be more contentious. Often the judge may have heard so many adultery claims that they are not easily influenced by the adultery grounds and will divide the community property more or less in half even after you prove adultery. A skilled Texas divorce lawyer can let you know for sure and guide you through the process from start to finish.

Spousal Maintenance

Spousal maintenance is not commonly awarded in Texas divorces because there are only a few ways to qualify. One involves showing financial need, meaning it must be clear that one spouse cannot earn enough to support themselves after the divorce, typically because they’re disabled or must take care of their disabled child.

The other way to qualify for spousal maintenance is to prove that your spouse is guilty of domestic violence. So, if your grounds for divorce include cruelty or a felony conviction for committing violence against you, the judge might order spousal maintenance. Ultimately, if you meet all the statutory requirements, it is still up to the judge’s discretion. Even when it is awarded in Texas, there are limits on how long it can last. Your Texas divorce attorney can tell you if they recommend pursuing this type of award and give you an estimate of the amount to expect if it is awarded.

Child Custody

Courts consider the best interests of the child when deciding on child custody arrangements. This means certain grounds for divorce can impact the amount of time a parent can spend with their child and whether it must be supervised.

For example, if you have evidence that your spouse has been cruel, was convicted of a violent crime, or has untreated mental health issues, using these grounds for divorce may help with your custody case. After all, these factors could mean your child is in danger when they’re with their other parent. If you’re unsure if your grounds for divorce will affect your custody case, you should hire a Texas divorce lawyer to learn more.

How Can a Texas Divorce Attorney Assist with Your Case?

While no-fault divorce is the simplest and most common option for couples in Texas, sometimes fault-based divorce makes sense. This generally depends on the grounds you’re considering pursuing, the evidence you have, and the effect you’re hoping to make on your case. If you’re unsure where to start, you should contact an experienced family law lawyer to discuss your legal options.

The right lawyer for your case will consider the details of your situation and advise you on the path to take for your divorce. If they recommend a fault-based divorce, they’ll help prove your claim by collecting evidence that may include text messages, emails, photos, arrest records, witness testimony, and medical records. To learn more about fault-based and no-fault divorce, call South TX Family Law at 210-775-0353 for a consultation.