What Constitutes Fault? Why Allege Fault?
Though Texas recognizes no-fault divorce, alleging fault in a Texas divorce is permitted and can provide some benefits. Let’s look at the accepted grounds for alleging fault and why a party would choose to allege fault.
What Grounds Can a Person Cite in Texas for an At-Fault Divorce?
Studies show that the vast majority of divorce filings qualify as “no-fault” proceedings. First legalized in California in 1969, by then-Governor Ronald Reagan, no-fault divorce exists in some form in every state across the country. In Texas, to obtain a no-fault divorce, one of the parties need only state that the marriage has become “insupportable.” As a practical matter, the other party cannot effectively challenge that allegation.
To obtain a divorce based on fault, a spouse must allege one of the following reasons:
- Physical or mental cruelty
- Adultery
- Abandonment, defined as leaving the marital home with the intention of staying away and being gone for a minimum of one year
- Living separately for at least three years
- Incarceration for a felony for at least one year
- Commitment to a mental hospital or psychiatric facility for a minimum of three years
What Are the Benefits of Alleging Fault in a Texas Divorce?
Establishing that a spouse engaged in behavior that caused the divorce can lead to favorable rulings related to:
- The allocation of marital property—Though Texas follows a community property approach, a court may grant an innocent spouse a greater portion of the marital estate if there is evidence of wrongdoing
- Payment of spousal support—Allegations of fault may be considered and may increase or reduce levels of support
- Custody and visitation—Though the court will rarely deny visitation, specific conditions may be imposed as a consequence of wrongful behavior
Contact DTX Family Law for Sound Advice Regarding Financial Matters in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures, including any issues related to college funding in a divorce proceeding. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills