In recent years, many states have eliminated the option to file for divorce on fault-based grounds and transitioned entirely to no-fault divorces on the grounds of irreconcilable differences. In Texas, however, no-fault divorce and fault-based divorce both remain options. If you or your spouse chooses to file for a fault-based divorce, you should be sure to understand how this can affect the outcome of your resolution.
Fault-Based Grounds for Divorce
In order to file for a fault-based divorce in Texas, the filing spouse must be prepared to demonstrate that one or more of the following has occurred in the marriage:
- Adultery – This means that a spouse has engaged in some sort of extramarital affair. The Texas Family Code used to specify valid defenses to a divorce on the grounds of adultery, but these defenses are no longer available except in rare cases in which reconciliation may be possible.
- Cruelty – As grounds for divorce, cruelty is broadly defined. It could mean that a spouse has committed an act that is legally recognized as family violence, such as physical or sexual assault, or that a spouse has engaged in verbal or emotional abuse.
- Abandonment – In order to qualify for divorce on the grounds of abandonment, one spouse must have intentionally left the other and stayed away for at least a year.
- Conviction of felony – If a spouse has been convicted of a felony offense in Texas, and, as a result, has been imprisoned for at least a year, there may be grounds for a fault-based divorce.
Filing for divorce on fault-based grounds makes it much more likely that the divorce will be contested and that litigation will be necessary. Even if you have justification for filing for divorce on fault-based grounds, you may find that pursuing a no-fault divorce and working toward a settlement with your spouse is a better option.
The Effects of Fault-Based Divorce
If the court finds that there is sufficient evidence to grant a fault-based divorce, this can influence many aspects of the divorce resolution. For example, if the divorce is granted in favor of one spouse, that spouse may receive a more favorable share of community property or a larger amount of spousal maintenance. In the case of a divorce on the grounds of cruelty in which family violence is a factor, the “at-fault” spouse could also be excluded from custody or conservatorship of their child.
Contact a Texas Divorce Lawyer
At Powers Kerr & Rashidi, PLLC, our experienced attorneys know how to handle contested divorce cases. We can advise you as to whether filing for divorce on fault-based grounds is in your best interest, or help you prepare if your spouse has filed for a fault-based divorce against you. Call our Austin complex divorce attorneys today at 512-593-7560 to schedule a consultation and learn how we can help.
Source:
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm