Fault by either party does not have to play a part in whether a spouse can obtain a divorce in Texas. In other words, neither spouse has an obligation to prove the other spouse was at fault for the breakup of the marriage.
Fault-Based Divorce Grounds
However, Texas law provides grounds for fault-based divorce. Those grounds include:
- Abandonment of a spouse for over one year with an intent not to return;
- Cruel treatment, which can be mental cruelty or physical cruelty to a spouse that destroys the marriage relationship;
- Abuse of a spouse, which can be physical, emotional or sexual in nature;
- Domestic violence; and
- Felony conviction of a spouse.
Our law firm takes pride in our attorneys’ unwavering commitment to firmly represent our clients’ interests in family law matters. The next step to take is to contact a qualified Houston divorce attorney to discuss whether fault grounds might be available and appropriate in your case. Call us today at 713.221.9088 for a no-cost review of your case.
Reasons for Alleging Fault in Texas Divorce
Each of these fault grounds for divorce can be considered by a family court in the division of marital property and assets. If a spouse is able to prove by documentary evidence or testimony that the other spouse was at fault for the divorce on one or more of these grounds, the judge can grant that spouse a disproportionate share of the community property of the marital estate.
A spouse’s separate property is not subject to being divided by a divorce court, either by equal division or by disproportionate share.
Also, if a party is able to show fault in the dissolving the marriage and obtain a fault finding from the court, the judge can then consider that party’s fault in assessing alimony.
If you are encountering resistance from your spouse on fault issues in the breakup of your marriage, you will need a responsive, effective Houston divorce lawyer by your side in family court. Contact The Larson Law Office for a free consultation about your case at 713.221.9088.
Phone: (713) 221-9088