The availability of the “no-fault” divorce option in Texas makes the process of ending a marriage attractively easy for most divorcing spouses. However, there are instances when you may want to consider filing a fault-based divorce. Fault divorces, or “divorces for cause,” are complicated in both legal and practical terms, so it is strongly recommended you seek advice from an experienced divorce attorney before making a final decision.
In Texas, the grounds for a fault-based divorce include:
- Confinement for incurable insanity for three years
- Felony conviction and imprisonment for over one year
- Cruel and inhuman treatment
It is very important to understand that the spouse seeking the fault-based divorce will be required to prove the allegations on which the petition is based. This can be embarrassing if the facts alleged are very personal or intimate – for example, in the case of adultery.
There are benefits, however, that may make it worthwhile. In a successful fault-based divorce case, the at-fault spouse may be ordered to pay temporary spousal maintenance when he or she would not otherwise be required to. The spouse who was wronged may be allowed to take possession of a larger share of the marital assets and/or a smaller share of the marital debts. The petitioning spouse in a fault-based divorce case will also have an advantage in any dispute over child custody.
You can read more about the grounds for fault-based divorce in Texas and the defenses to allegations of fault on the Texas state government’s Constitutions and Statutes website.
Contact Kevin Buchanan for Answers to Questions About Fault-Based Divorce
Kevin Buchanan is a Dallas attorney offering family law clients skillful and experienced representation. He places a strong emphasis on fairness, and on treating all clients with dignity and respect. If you have questions about filing a fault-based divorce petition, or if you have been served with a fault-based divorce petition, he would be pleased to review your circumstances and offer his opinion. To schedule a private consultation, fill out the online intake form or call (214) 378-9500.