Historically, divorce was only an option when one party could show that the other caused the breakdown of the relationship. This was only possible when certain conditions were met, like infidelity or cruelty. In recent years, Texas has adopted a no-fault approach that allows couples to divorce without blaming each other. While this process is the more popular option of the two, fault-based divorce still has its uses. For example, when the judge divides marital property during divorce proceedings, they can take the question of fault into consideration when deciding what is a just and fair split. 

How Fault-Based Divorce Works in Texas

As the name suggests, this approach requires you to establish what party was ultimately at fault for the breakdown of the marriage. Texas Family Code Section 6.001 to 6.007 outlines the reasons recognized by the State for the cause of a divorce, which include:

• Adultery
• Abandonment
• Cruelty
• Felony Convictions
• Confinement in a Mental Hospital
• Living Apart

The person seeking the divorce has to be able to show that their spouse has committed one or more of these grounds to qualify. Proving this can be done with a variety of evidence, including police reports, financial records, text messages, receipts, and witness testimony.

While this approach is uncommon, some people still choose this option for the impact it can have on the property decision aspect of a divorce.

How No-Fault Divorce is Different

You have other options besides fault-based divorce under Texas law. Instead of being required to provide evidence of why the other party was at fault for the breakdown of your marriage, you can instead pursue a no-fault divorce and skip that point of contention entirely.

With a no-fault divorce, the standard is “irreconcilable differences.” Instead of making the case that your spouse ruined your marriage due to a felony conviction or infidelity, you only need to show that the relationship is irretrievably broken and is past the point of repair.

This approach is by far the most popular of the two options. Because there is no need to lay blame at the other person’s feet, couples are more likely able to amicably agree on no-fault grounds for divorce. This can avoid lengthy delays and the costs that come with them.

Talk to an Attorney About Your Divorce Options

If you are considering a fault-based divorce, you could benefit from discussing your situation with an attorney. You have options to choose from, and our firm could help you weigh that choice before committing to anything.

At Barton & Associates Attorneys at Law, PLLC, our firm has handled countless divorce proceedings. We can answer your questions and help you evaluate your best path forward. Contact us today to learn how our team can help you during your divorce proceedings.