When you are divorcing because you have been wronged by your spouse, your circumstances might influence the outcome of your divorce.
Key Takeaways:
- Fault-based divorce places legal blame on one spouse for the breakdown of the marriage–your divorce can either be “no-fault” or fault-based.
- There are many common grounds for fault-based divorce, including infidelity, abuse, abandonment, and more.
- It is not guaranteed, but depending on the reason you are seeking divorce, proving fault can potentially impact aspects of your split, like alimony or child custody.
Divorce is never easy, and when you’re dealing with a situation where one spouse has wronged the other, it can feel especially complicated. A fault-based divorce might be the route you need to take if your spouse has engaged in infidelity, abuse, or even criminal activity. But what exactly is a fault-based divorce, and how does it differ from a no-fault divorce?
In Texas, like many other states, there are two main types of divorce: fault-based and no-fault. While no-fault divorce is more common, a fault-based divorce allows the wronged spouse to cite specific reasons for the divorce, such as cheating, abuse, or felony convictions.
This guide will help you understand fault-based divorce and when it might be the best option for you.
What Is a Fault-Based Divorce?
A fault-based divorce is a legal divorce where one spouse is blamed for the breakdown of the marriage, which could include actions like infidelity, physical or emotional abuse, abandonment, or committing a felony. In Texas, fault-based grounds are less common than no-fault grounds, which only require that there are irreconcilable differences between the spouses. However, fault can play a significant role in specific divorce cases.
Unlike a no-fault divorce, where neither party is held accountable for the marriage ending, a fault-based divorce allows one party to claim that their spouse’s actions led to the collapse of the marriage. If you are seeking a fault-based divorce, it’s crucial to understand the grounds on which you can file and the potential impact it can have on your case.
Common Grounds for Fault-Based Divorce in Texas
- Infidelity (Adultery)
One of the most common grounds for fault-based divorce is infidelity. If your spouse has cheated on you, you may have the option to file for a fault-based divorce. In Texas, while cheating doesn’t necessarily affect the division of assets or child custody, it can influence the court’s decision regarding alimony (spousal support). A court may award more significant spousal support to the innocent spouse if infidelity is proven.
- Abuse (Physical and Emotional)
Abuse is another serious ground for fault-based divorce. Definitions of abuse can include both physical abuse (hitting, slapping, pushing) and emotional or psychological abuse (verbal abuse, manipulation, controlling behavior). If your spouse has subjected you to abuse during your marriage, you have every right to seek a fault-based divorce. In these cases, the court is likely to take abuse into account when making decisions about child custody, spousal support, and the division of assets.
- Felony Conviction or Imprisonment
If your spouse has been convicted of a felony or is incarcerated for an extended period, you may have grounds for a fault-based divorce. Criminal activity, especially if it has caused harm to the marriage or family, can be a valid reason for divorce. A felony conviction may also affect how the court views the distribution of assets, especially if the conviction resulted in significant financial strain or instability.
- Abandonment
If your spouse has left you without reason or communication, you may file for a fault-based divorce based on abandonment. Abandonment is defined as one spouse leaving the other for a prolonged period without consent or a reasonable explanation. This ground can be used in cases where the spouse has physically left the home or emotionally abandoned the relationship.
What Are the Advantages of a Fault-Based Divorce?
Choosing a fault-based divorce might be the best option in certain situations. Here are a few potential advantages:
- Impact on Spousal Support (Alimony)
One of the most significant advantages of a fault-based divorce is its potential impact on spousal support. While Texas is a no-fault state in terms of how property and assets are divided, fault-based grounds can influence the court’s decision about whether spousal support should be awarded, and how much. If your spouse’s behavior is the cause of the divorce, the court may determine that you deserve higher spousal support.
- Emotional Relief and Justice
For many people, fault-based divorce offers emotional relief. If your spouse’s actions have been harmful, whether through infidelity or abuse, proving that their behavior contributed to the dissolution of the marriage can feel like justice. It can provide validation that their actions were wrong and can give you peace of mind.
- Child Custody Considerations
While fault generally does not affect property division in Texas, it can affect child custody decisions. In cases of abuse or criminal activity, the court will prioritize the safety and well-being of the children involved. If your spouse has been abusive or involved in illegal activity, a fault-based divorce could help protect your children and secure a favorable custody arrangement.
How Does a Fault-Based Divorce Impact Property Division?
In Texas, property division is based on community property laws, which means assets acquired during the marriage are typically divided 50/50 between the spouses. However, in a fault-based divorce, the court is generally not allowed to consider the misconduct of either party when dividing property. In rare cases, however, if one spouse’s behavior has had a direct financial impact (such as spending marital funds on an affair), the court may adjust the property division.
The Process of Filing for a Fault-Based Divorce
If you decide that a fault-based divorce is the right choice for you, here’s what you can expect from the process:
- Filing the Petition
The first step in any divorce process is to file a petition with the court. In a fault-based divorce, the petition will outline the specific reasons why you are seeking a divorce, such as infidelity, abuse, or felony convictions. You will need to provide evidence to support your claims.
- Gathering Evidence
To prove fault, you will need to gather evidence to back up your claims, which could include things like text messages, emails, witness testimony, police reports, medical records, or even photographs. The stronger your evidence, the more likely the court is to consider your claims when making decisions about property division, spousal support, and child custody.
- Going to Court
While many divorce cases settle out of court, fault-based divorces may involve more court hearings, which is especially true if your spouse contests the allegations or if the case involves complex issues like child custody or spousal support. It’s important to be prepared for a potential trial if you are seeking a fault-based divorce.
- Finalizing the Divorce
Once the court has reviewed all evidence and made decisions regarding your case, a judgment will be issued, and the divorce will be finalized. If the court has found fault, it may impact spousal support and child custody decisions. However, keep in mind that Texas is a no-fault state when it comes to property division.
When Should You Consider a Fault-Based Divorce?
A fault-based divorce might be right for you if:
- Your spouse has been unfaithful and you want to seek justice for their actions.
- You have been subjected to physical, emotional, financial, or psychological abuse and need to protect yourself and your children.
- Your spouse has committed a felony or has been incarcerated for a long time, and it has impacted the marriage.
- Your spouse is addicted to drugs or alcohol and it has affected your ability to have a stable or safe relationship.
- Your spouse has abandoned you.
- You feel that a fault-based divorce will better reflect the reasons your marriage has ended.
Palmer Law Group Can Help You Fight For The Divorce You Deserve
If you are considering a fault-based divorce and need guidance, Palmer Law Group is here to help. Our experienced divorce lawyers can help you navigate the complexities of a fault-based divorce so that your rights are protected and you achieve the best possible outcome.
With our comprehensive understanding of Texas divorce law and our commitment to your best interests, we are here to support you through every step of the process. Reach out today to schedule a confidential consultation and learn more about how we can help you with your fault-based divorce.
