Fault vs. No-Fault Divorces in Texas: What's the Difference?

 Posted on November 27, 2024 in Divorce

 If you want a divorce in Texas, there could be several concerns keeping you up at night. You might worry that you will be held responsible for ending the marriage and what you stand to lose.

The state of Texas recognizes both fault and no-fault divorces; depending on the circumstances of the breakdown of your marriage, you may or may not get an equitable share of your marital assets. Regardless of whether you are going through a fault or no-fault case, a Texas divorce lawyer at Brandon Wong & Associates can offer professional guidance and represent your best interests in a court of law.

Understanding Fault in Divorce

Not every slight or grievance constitutes a fault-based divorce. In Texas, grounds for fault-based divorce are specific, as follows:

• Cruelty. Physical or emotional abuse is recognized as a valid reason for fault divorce in Texas if it reaches a point where living together with your spouse becomes inhospitable.

• Felony Conviction. If one spouse spends a year or more in prison, Texas recognizes the right of the other spouse to claim a fault divorce.

• Abandonment. If a spouse is absent for more than a year with the intent to abandon his or her spouse, the courts will recognize this as grounds for fault divorce.

• Adultery. If an affair or infidelity occurred during the marriage, the other spouse can legally make a claim for a fault divorce.

By contrast, a no-fault divorce is a simpler process that does not place the burden of proof about fault for ending the marriage on either party. The couple only has to declare irreconcilable differences or insupportability for a judge to approve.

The Impact of Fault in Court

In a no-fault divorce, Texas courts aim to divide marital assets equitably. This means that assets and property will be divided fairly between the spouses: note that this does not always mean there will be a 50/50 split. In a no-fault divorce, spousal support (alimony) may be awarded to one spouse by a judge if the couple had an uneven income.

In cases of fault divorce, assets are not equitably split. Instead, a spouse may seek to claim a greater share of shared assets or property because of the other party’s failure to uphold the marriage. The evidence of fault may also impact a judge’s decision on whether–and how much–alimony will be awarded.

Does Fault Affect Child Custody?

The short answer is "no." Texas courts will consider the child’s best interests above all else in assigning custody. That being said, certain factors for fault often go hand-in-hand with custody decisions. For instance, a spouse with a history of physical abuse or time in prison may not be deemed fit for primary custody. A family law attorney at Brandon Wong & Associates can evaluate your case and see that your child’s well-being is protected in divorce proceedings.

Meet with a Divorce Attorney in San Antonio, TX Today

Whether you are anticipating a fault or no-fault divorce, consider enlisting the aid of a Bexar County, TX divorce lawyer to determine the best way forward. To schedule a consultation, call Brandon Wong & Associates at 210-201-3832 today.