Is Getting a Fault-Based Divorce Worth It in Texas?

 Posted on January 16, 2025 in Divorce

Texas recognizes grounds for fault-based divorce, which means that you can hold your spouse legally responsible for the collapse of a marriage in court. Naming your ex at fault for a divorce can give you leverage, but it is not a route you should pursue without first considering your other options.

If you are thinking about taking your partner to court in a fault-based divorce, an Austin, TX family law attorney can provide you with legal advice and strong representation from beginning to end of the process. At Powers Kerr & Rashidi, PLLC, our lawyers have extensive experience litigating complex divorces, protecting our clients’ best interests through skilled advocacy. 

The Length of a Fault-Based Divorce

Before you file for a fault divorce in Texas, you should take the length of the legal proceedings into account, and whether or not you are comfortable with a longer divorce. Compared to a no-fault divorce, fault divorces tend to last much longer due to the highly argumentative process. 

You and your lawyer will be tasked with providing evidence of fault (such as adultery, cruelty, abandonment, or other recognized grounds) that your ex will no doubt attempt to refute. The back-and-forth debates can drag out much longer than simply agreeing to settle outside of court.

At Powers Kerr & Rashidi, PLLC, we are sensitive to the needs of our clients. When you work with us, we will do everything in our power to prevent unnecessary delays in court while presenting a compelling case for fault.

The Cost of a Fault-Based Divorce

The cost of a fault-based divorce tends to go hand-in-hand with the length. Litigating a divorce in court is often the most expensive option compared to alternatives like mediation or collaborative divorce, and judges often urge couples to resolve their issues outside of the courtroom to avoid burdensome legal fees. 

Sometimes, the potential monetary gains from litigating a divorce are negated due to the sheer cost of going to court. If you feel strongly about holding your ex accountable, our lawyers are ready to help, keeping you informed of the financial implications of your divorce.

Favorable Settlements and Rulings in a Fault-Based Divorce

If you can successfully prove that your spouse was at fault for the collapse of the marriage, you may receive preferential treatment in certain aspects of your divorce. If your spouse would have been entitled to alimony, but was shown to be at fault, a judge may decide to award a lesser amount of support or even deny support outright. Likewise, you may receive a larger share of marital property as a result of your partner’s fault, in accordance with what the state considers just and right.

Note that a fault-based divorce does not have any bearing on child custody. That being said, when considering the child’s best interests, factors related to fault like cruelty or felony convictions will certainly be scrutinized by a judge.

Meet With a Travis County, TX Family Law Attorney

The choice to get a fault-based divorce in Texas is best viewed from a risk/reward perspective – what do you stand to gain from holding your spouse responsible? At Powers Kerr & Rashidi, PLLC, our Austin, TX divorce lawyers can lend critical insights about your options, supporting you no matter how you choose to handle your divorce. Call our offices at 512-610-6199 to schedule a private consultation with our legal professionals.