The circumstances surrounding each divorce are unique. Therefore, Texas law tries to provide statutes and guidelines that can match any situation. To that end, a marriage could end in a fault-based or a no-fault divorce. How do the two differ?
In short, a spouse in Texas can file on either kind of ground. While no-fault divorces are most common, situations exist where a fault-based divorce is preferable. An Austin divorce lawyer can help you decide which path fits your situation.
What No-Fault Divorce Means in Texas
Oftentimes, both spouses agree that the marriage is over and the blame does not lay with either individual in particular. In such cases, couples can file for a no-fault divorce.
No-fault divorce: A court can end the marriage when conflict between the spouses has made it insupportable, meaning the relationship can no longer serve its purpose and there is no reasonable hope of reconciliation.
Neither spouse generally has to show that the other did something wrong.
Couples may even be able to expedite the process with an uncontested divorce. To do so, the parties should draw up a plan that addresses asset division, child custody and parenting duties. However, a family law court will still have to approve the plan to ensure neither individual is getting an unfair deal.
Also, Texas has a 60-day waiting period between the filing of the petition and the court’s granting of the divorce. However, finishing the process can take longer, with simple cases lasting a few months and more complex divorces requiring closer to a year.
Fault Grounds Texas Recognizes
Filing for divorce on specific grounds means that one spouse accuses the other of actions that directly contributed to the failure of the union. The purpose of doing this is so the court can take those factors into account when finalizing the split.
The grounds for a fault include:
- Living apart for more than three years
- Abandonment
- An extramarital affair
- Physical, mental or emotional abuse
- Felony conviction
The court can grant a divorce in favor of one spouse on grounds such as cruelty, adultery, abandonment, living apart or confinement in a mental hospital.
Evidence Used to Prove Fault
The spouse who files must prove the grounds, which can take time. Depending on the ground, proof may include:
- Texts, emails and screenshots
- Bank, credit card and other financial records
- Photos, medical records or police reports
- Testimony from friends, family members or other witnesses
- Records of a criminal conviction
Online posts can turn into evidence, which is one more reason to be careful about sharing your divorce on social media.
How Fault Can Affect Property and Support
The benefit of proving fault is that the innocent party may have more favorable asset division, spousal support and child custody.
In a Texas divorce, the court divides community property in a way it finds just and right, and fault in the breakup can be one factor. Fault may also come up when the court considers spousal maintenance. Because the judge has discretion, local practice can matter too. Still, proving fault does not guarantee a larger share.
Fault and Child Custody
Custody works differently. The court’s main focus is generally the best interest of the child, not which spouse caused the divorce. Even so, conduct such as family violence, substance abuse or behavior that puts a child at risk may weigh heavily in conservatorship and visitation decisions.
Our page on child custody in Austin explains more.
Conflict, Time and Cost
A fault-based case is usually a contested one. Each side may gather evidence and prepare witnesses, and the court may need a hearing to decide whether the ground is proven. That often takes longer and costs more than a no-fault case.
Our post on how long a Texas divorce can take covers timing. Weighing all options helps a person determine which procedure is most fitting.
Talk With Lackey Law Firm
If you have questions about your divorce, custody or support case, our family law attorneys can review your situation and explain your options.
