You can either have a fault or no-fault divorce in Texas. A fault divorce is based on fault grounds, which means that one party is responsible for the relationship not working out. That could be because of adultery, crime convictions, domestic violence, and more. A no-fault based divorce is a divorce between a couple that is no longer able to tolerate each other or cannot get along.
No-fault divorce is more common in Texas.
Fault Vs. No-Fault Grounds For Divorce In Texas
What Are Grounds For Filing For Divorce In Texas?
There are seven legally approved grounds for divorce but you only need one ground to end your marriage. While a no-fault divorce may be easier, a fault-based divorce can affect the divorce process and the outcomes of the divorce significantly.
You can file a fault divorce based on grounds such as incarceration, adultery, abandonment, or cruel treatment. You have to provide proof if you choose to place the blame for the end of your marriage on your spouse. This is why fault-based divorce is more complicated and may take longer to finalize than the alternative.
No-fault-based marriage dissolution is based on grounds such as insupportability, confinement in a mental hospital, and separation. When you file based on no-fault grounds, it means that you and your spouse don’t blame each other for ending the marriage. Instead, your marriage is ending because of irreconcilable differences between you and your spouse.
Why People In Texas Prefer No-Fault Divorce
Do You Need A Reason For Divorce In Texas?
Couples in Texas prefer no-fault divorce because it is less complex than fault divorce. A no-fault divorce allows the parties involved to agree on how to divide their property and child custody without including a third party. A no-fault divorce is also cheaper because you do not have to prove the other spouse caused the end of your marriage, and you don’t even have to hire a lawyer if you have no disputes.
You need a lawyer for a fault-based divorce because you will need expert witnesses, discovery, witness accounts, help gathering evidence, and so on. That means a fault-based divorce may cost more and take a longer time to finalize.
The Seven Ground For Divorce In Texas
Divorce On Grounds Of Insupportability
The following are the grounds for divorce:
- Adultery
- Abandonment
- Cruel treatment
- Insupportability
- Separation
- Mental incapacitation
- Felony convictions
What Is Adultery In Divorce?
A spouse that engages in intimate relationships that are sexual in nature is said to be adulterous. This only applies if their legal spouse does not encourage or support such actions. The law only considers sexual intercourse with a third party that is not your spouse as adultery.
Sharing explicit photos, kissing, or emotional affairs is not adulterous behavior according to Texas law. That means that only photos or videos that prove intercourse happened are relevant.
Abandonment For At Least One Year
Abandonment is not a separation but involves a spouse leaving without the approval of the abandoned spouse. It’s only abandonment if it lasts for at least a year and there is no indication that the spouse who left is willing to return.