No-Fault Versus Fault-Based Texas Divorces

 Posted on May 30, 2024 in Divorce

When you pursue a divorce in Texas, you have the option of filing for a no-fault divorce. A no-fault divorce is generally the best option when both spouses agree they no longer want to be married and that a divorce is the best step forward.

However, sometimes spouses may not agree about a divorce, or one spouse will wish to seek a divorce due to the actions of his or her partner. This is typically done with a fault-based divorce.

If you know you need to file a divorce in Texas, but you are not sure which kind of divorce to pursue, an experienced Texas divorce lawyer can evaluate your case and provide you with legal guidance.

Understanding Texas No-Fault Divorce

The majority of Texas divorces are no-fault divorces, meaning that both parties agree to the divorce and that the divorce is based on the grounds of irreconcilable differences. Uncontested divorce, where both spouses agree on all aspects of a divorce including child custody and how to divide assets, is a type of no-fault divorce.

Once you file for a no-fault divorce in Texas, you and your ex-spouse will need to settle important details like the division of assets under Texas’s community property laws, parenting plans in the case of shared children, and the possibility of spousal maintenance before your divorce is finalized. Your Texas divorce lawyer can help you navigate these matters.

When Can I File a Fault-Based Divorce in Texas?

When your divorce is not agreed upon by both parties, or when one spouse has acted in a way that makes the other want to pursue divorce, you may need to file a fault-based divorce.

The Texas Family Code does allow for fault-based divorces in favor of one spouse in certain circumstances. In general, fault-based divorces may occur when:

• One spouse engages in cruelty to the other, which can include mental and physical abuse, inhumane treatment, or degrading behaviors
• One spouse engages in physical adultery
• One spouse has received a felony conviction
• One spouse is confined to a mental hospital
• One spouse has abandoned the other for at least a year
• Spouses have lived apart for at least three years

One of the main benefits of filing a fault-based divorce is the chance to be awarded a greater share of assets, child custody, or spousal maintenance payments due to the actions of your spouse.

You will generally need to prove your claims of fault to succeed with a fault-based divorce.

Contact a Travis County, TX Divorce Attorney

Divorces are complex, even if you are pursuing a no-fault or uncontested divorce. To ensure that your rights are advocated for during the divorce process, reach out to an Austin, TX divorce lawyer as soon as possible.

At Powers Kerr & Rashidi, PLLC, our attorneys are board-certified in family law, and we will aggressively fight for your rights during whatever type of divorce best suits your case. Call 512-610-6199 for a consultation.