Fault Grounds for Divorce in Texas

Divorce is a significant life event with far-reaching consequences, and in Texas, the grounds for divorce can greatly affect the process and outcomes. Understanding these grounds is crucial for anyone considering divorce in the state. In Texas, there are two main categories of divorce grounds: fault-based and no-fault. Each has distinct implications for how the divorce proceeds and what may be considered in the division of assets, spousal support, and child custody.

No-Fault Divorce

The most common ground for divorce in Texas is the no-fault basis. This is often the easiest and most straightforward option, as it requires the least amount of evidence or specific reasons for the dissolution of marriage.

1. Insupportability
   • Definition: In Texas, the no-fault ground is termed “insupportability.” This means that the marriage has become insupportable due to conflicts or differences that cannot be resolved.
   • Process: To file for divorce under insupportability, neither party needs to provide specific reasons for the breakdown of the marriage. The party filing simply needs to assert that the marriage is irretrievably broken.

Fault-Based Grounds for Divorce

Fault-based grounds require a party to prove that their spouse is responsible for the marriage’s dissolution. These grounds can impact the court’s decisions regarding property division, spousal support, and even child custody.

1. Adultery

   • Definition: Adultery involves one spouse engaging in a sexual relationship outside the marriage.
   • Evidence: To prove adultery, the filing party must provide evidence of the extramarital affair. This can include testimony, photos, or other documentation.
   • Impact: Adultery can affect the division of property and spousal support, as the court may consider it a form of misconduct.

2. Cruelty

   • Definition: Cruelty involves physical or emotional abuse that makes living together insupportable.
   • Evidence: Evidence of cruelty can include medical records, police reports, or testimony from witnesses.
   • Impact: The court may award a larger share of marital assets or increased spousal support to the injured party.

3. Abandonment

   • Definition: Abandonment occurs when one spouse leaves the other without justification and with no intention of returning.
   • Evidence: The filing party must demonstrate that the spouse left the home, without consent or reasonable cause, and remained absent for a significant period.
   • Impact: Abandonment can affect property division and spousal support, particularly if it led to financial hardship for the remaining spouse.

4. Conviction of a Felony

   • Definition: If one spouse is convicted of a felony and imprisoned for at least one year, this can be grounds for divorce.
   • Evidence: The filing party must provide proof of the felony conviction and imprisonment.
   • Impact: This can influence property division and support arrangements, especially if the conviction has led to significant changes in financial status.

5. Living Apart

   • Definition: If spouses have lived apart for at least three years, this can be a ground for divorce.
   • Evidence: Documentation of the separation period is necessary.
   • Impact: The court may address property division and spousal support, taking into account the long-term separation.

Impact on Divorce Proceedings

The choice of grounds can significantly influence the divorce proceedings and final outcomes. Here’s how:

• Property Division: Fault-based grounds can affect how property is divided. For example, a court might award a larger share of the marital assets to the spouse who was a victim of cruelty or adultery.
• Spousal Support: The court may consider the behavior of the spouses when determining spousal support. Fault-based grounds can lead to higher spousal support awards.
• Child Custody: Although child custody decisions are primarily based on the child’s best interests, fault-based grounds such as cruelty can impact custody arrangements.

Legal Process and Considerations

Filing for divorce in Texas involves several legal steps and considerations. Here’s a brief overview of the process:

1. Filing a Petition: The process begins by filing a petition for divorce with the court. The petition should include the grounds for divorce and any specific requests for property division, spousal support, or child custody.
2. Serving the Spouse: The petition must be served to the spouse, who then has an opportunity to respond.
3. Discovery and Negotiation: Both parties engage in discovery to gather information and negotiate terms of the divorce.
4. Trial or Settlement: If the parties cannot reach an agreement, the case will proceed to trial where a judge will make final decisions based on the evidence and applicable law.

It’s essential for anyone considering divorce to consult with an experienced family law attorney to understand their options and navigate the legal process effectively. An attorney can provide guidance on the best approach, whether it involves fault-based or no-fault grounds.