Does someone have to be at fault in a Texas divorce?

On Behalf of | Oct 21, 2021 | Divorce Law

Couples may want to end their marriage for a variety of reasons. In some cases, one of them was involved in wrongdoing that brought the marriage to a breaking point. In others, though, time and life changes can cause couples to drift apart.

Do couples need to establish fault for Texas courts to grant them a divorce?

Fault can be a factor in a Texas divorce.

If one spouse is guilty of misconduct, the other can file for a fault-based divorce. Texas law recognizes a variety of grounds for divorce including adultery, abandonment, cruelty or a felony conviction on the part of one spouse.

In addition, Texas courts may grant a divorce in favor of one spouse if the other has spent at least three years in a mental health facility and is unlikely to recover.

In fault-based divorces, the spouse who did not commit the fault may be eligible for a greater portion of the couple’s marital assets. However, while a fault-based divorce may provide you with a stronger financial start to life after divorce, it is important to remember that fault-based divorces also require you to present evidence of wrongdoing in court.

However, you do not need to establish fault to part ways.

While Texas does recognize fault as an element in some divorces, the state also grants no-fault divorces to couples who simply do not want to be married any longer. This can occur if couples no longer believe that their relationship can be supported or if they have voluntarily lived apart for some time.

Whatever a couple’s reasons for considering divorce, they should take care to consider the things that are most important to them as they move toward the next chapter of their life.

They may also want to seek out guidance to determine whether a no-fault divorce or fault-based divorce will best support those goals.