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Texas family law allows for both no-fault and fault-based divorces. Each of these types of divorce has its own pros and cons, and what may suit one divorcing couple may not suit the next. Choosing the right legal option is key to ensuring that your divorce case goes as smoothly as possible while costing as little as possible.
To ensure that you are picking the right option for you and your divorce case, it is highly advisable that you seek professional legal representation from Houston divorce attorneys. Our family law firm has years of experience representing complex divorce cases, including both fault-based and no-fault divorces. We would be proud to provide our legal services with compassion, communication, and care. To learn more, please contact our Houston-based law office today.
What is the Difference Between a Fault-Based and No-Fault Divorce in Texas?
A no-fault divorce is typically faster and less expensive than fault-based divorces, which can result in divorce litigation and long, drawn-out courtroom appearances.
In a no-fault divorce, there is no need for allegations to be thrown around accusing marital wrongdoing of any kind. In Texas family law, there are two types of no-fault divorces: those based on spouses who have been living apart for at least three years and those based on in-supportability. At their core, though, a no-fault divorce can arise from irreconcilable differences that neither spouse believes can be improved upon.
In-supportability requires that the spouses show the marriage is insupportable due to conflict or discord between the married couple. Evidence is not required to prove irreconcilable discord.
For married couples that have been living apart for at least three years, the family law court must find evidence that you have been living separately with no cohabitation for at least three years.
If you can establish either of the two, you may be able to file for a no-fault divorce.
Some divorce cases can be based on grounds of fault, however. In fault-based divorces, one spouse alleges that the other’s behavior directly affected their marriage, and that led to the marriage crumbling beyond repair.
If you elect to file for a fault-based divorce in Texas, you must provide evidence to the family law judge about the named grounds for divorce. The spouse who can prove their allegations against the other may potentially receive a greater proportion in the division of assets and other considerations during the divorce proceedings.
What Are the Fault Grounds in Texas?
Acceptable fault grounds in Texas include the following:
- Abandonment: one spouse leaves the marriage and the marital home without any intention of returning.
- Adultery: one spouse had an extramarital affair while married, and this infidelity led to the dissolution of the marriage.
- Cruelty: one party exhibited physical, mental, or emotional abuse against the other.
- Felony conviction: one spouse was convicted of a felony and incarcerated in prison.
- Living separately for a period lasting at least three years: this ground for divorce may also be utilized in no-fault divorces.
- Mental hospital confinement: if one spouse is confined to a mental health facility, this may be grounds for divorce.
Can an At-Fault Divorce Affect Child Custody and the Division of Property?
An at-fault divorce can absolutely affect family law matters like child custody, child support, spousal support (also known as spousal maintenance or alimony), and property division.
If a family law court finds that one spouse is more to blame than the other for the dissolution of marriage, community property may not be shared as equally as it would be in other circumstances. Community property (also known as marital property) is any assets acquired during the course of the marriage. Typically, at the end of a marriage, a family law court will attempt to divide the assets in a way that it deems fair and just. In a fault-based divorce, a family law judge may deem that it is fair for the wronged party to receive more in the property division.
In matters like child custody, family law courts must always render their decisions in the best interests of the children. Judges will take fault-based grounds for divorce into consideration when rendering their decisions. For example, if abuse was the named grounds for divorce, then domestic violence may indeed have a strong influence on a judge’s decision regarding child custody and visitation rights.
Should You File for a Fault-Based or No-Fault Divorce?
Ultimately, the answer to this question cannot be provided without first reviewing the unique facts surrounding your case. Only when our Houston family law attorneys have had the chance to review your case will they be able to offer a recommendation for fault-based versus no-fault divorce.
To discuss your case in more detail, please contact our law firm today.
Schedule a Confidential Consultation with an Experienced Divorce Attorney Today
Dodson Law Firm has extensive experience in all types of divorce cases in the Houston area. Our legal experience and our holistic practices make us a highly reputable and well-reviewed law practice in Harris County, Texas.
Our law firm would be proud to assist you with your divorce case and help you determine whether a fault-based or no-fault divorce is the more logical choice for your unique needs.
To learn more about the differences between at-fault and no-fault divorces, please contact us today at 713-597-7141.
