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Fault-Based Divorce: What Is It, and When Is It Appropriate?

Ryan R. Bauerle | November 25, 2024

In Texas, there are two types of divorce: no-fault and at-fault. While no-fault divorce is far more common (called “insupportability”), some circumstances justify seeking a fault-based divorce. Understanding what constitutes a fault-based divorce in Texas as well as its legal implications can help you make informed decisions as you navigate this complicated legal process.

What Is a Fault-Based Divorce in Texas?

A fault-based or fault-grounds divorce in Texas is a divorce in which one spouse accuses the other of actions that led to the end of the marriage. Unlike a no-fault divorce, where a party can be divorced for any reason, or no reason at all, and whereby neither spouse is “blamed”, a fault-based divorce requires one party to prove that the other spouse was responsible for the marriage’s failure based on specific grounds.

Grounds for a Texas At-Fault Divorce

Under Texas law, there are several grounds for a fault-based divorce. These are:

1. Adultery: The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
2. Cruelty: The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
3. Abandonment: The court may grant a divorce in favor of one spouse if the other spouse (a) left the complaining spouse with the intention of abandonment; and (b) remained away for at least one year.
4. Felony Conviction: The court may grant a divorce in favor of one spouse if during the marriage the other spouse: (a) has been convicted of a felony; (b) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and (c) has not been pardoned. Importantly, the court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
5. Living Apart: The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
6. Confinement in Mental Hospital: The court may grant a divorce in favor of one spouse if at the time the suit is filed: (a) the other spouse has been confined in a state mental hospital or private mental hospital in Texas state or another state for at least three years; and (b) it appears that the hospitalized spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

Benefits of an At-Fault Divorce

Pursuing a Texas at-fault divorce over a no-fault divorce can impact the disposition of the case, including the division of the marital estate. The spouse seeking a fault-based divorce may receive a more favorable outcome in these and other areas if they can prove that the other party was indeed at fault.

Challenges of Filing an At-Fault Divorce

While choosing a fault-based divorce can lead to a better outcome for the one who files, it is essential to understand the potential challenges as well. Proving the claims of a fault-based divorce requires evidence, and gathering that evidence can be time-consuming and emotionally taxing. Additionally, the accused spouse may very well contest the allegations, leading to a prolonged and more expensive divorce process. As you might expect – getting the opposing side to stipulate to fault grounds – especially considering divorces are generally a matter of public record is challenging.  Therefore, if one party is adamant about obtaining a divorce on fault grounds – chances are a Final Trial is required.

Is a Texas At-Fault Divorce Right for You?

If you believe that your spouse’s actions led to the end of your marriage, an at-fault divorce in Texas might be the right option for you. However, it’s important to speak with a knowledgeable divorce attorney who can provide legal insights into your circumstances before making a decision on the matter.

Contact a Skilled Divorce Lawyer Now

At Goranson Bain Ausley, our experienced divorce attorneys are here to help you determine whether an at-fault divorce in Texas or a no-fault divorce is the right choice for your specific situation. Contact us today to schedule a consultation and learn more about how we can help you navigate your Texas at-fault divorce with confidence.