Does Texas Law Allow for Fault-Based Divorce?
In Texas, fault grounds are only taken into consideration in the divorce process and do not provide conclusive grounds for the court to grant a divorce based on one spouse’s fault. The most common reasons why one would plead fault grounds are to obtain a greater share of the marital estate or for a spouse to receive spousal maintenance payments. Fault-based grounds include: cruelty, adultery, felony conviction, and abandonment.
Even if it is proven that one spouse is at fault for the breakup of the marriage, established by any of the fault-based grounds, a court may still grant the divorce on a no-fault basis. For example, even if it is shown that your spouse committed adultery, the court has the authority to grant the divorce on a no-fault basis instead of finding one spouse to be at fault for the divorce.
How can fault-based affect dividing marital property?
Fault based grounds are generally used as evidence to support why one spouse should be given a greater share of the marital estate. The court must make a just and right division of the marital estate. “Just and right” does not necessarily mean 50/50. Texas courts have broad discretion to divide the marital estate how they see fit. The marital estate is the community property identified and valued acquired between the spouses during the marriage. Fault grounds can sway the court to award one spouse more than a 50/50 split of the marital estate.
Texas Family Code Statutes:
- § 6.001 – Insupportability
- § 6.002 – Cruelty
- § 6.003 – Adultery
- § 6.004 – Conviction of Felony
- § 6.005 – Abandonment
- § 6.006 – Living Apart
- § 6.007 – Confinement in Mental Hospital
Discuss your concerns about pursuing a fault-based divorce in Texas. Contact our family law firm.