Fault and No-Fault Divorce in Texas

 Posted on January 22, 2013 in Contested Divorce

There are seven grounds, or reasons, for divorce available by Texas state law, and six of them require that there be a fault assigned to one party or the other. Only on the grounds of insupportability, "that the marriage can no longer continue because of disagreements or differences that cannot be resolved," can there be a no-fault ruling, according to WomensLaw.org. Any other reason for divorce requires that one spouse blame the other for the divorce. These reasons include cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.

An at-fault divorce reason is used to determine the equitable distribution of property. "For that reason," according to Divorcenet.com, "you may want to include fault grounds in your petition for a divorce." That is to say, if you're shying away from an at-fault divorce in the interest of keeping things less messy, you could actually be harming your post-divorce life. Equitable property distribution assumes that any property or material items owned during the marriage is owned equally between the two parties. If you have separate property, according to Divorcenet.com, you "have to prove it by tracing it with clear and convincing evidence."

Bear in mind that in Texas you can receive temporary spousal support while a case is pending, but there are no regulated guidelines to determine whether or not you deserve it. This will have to be determined with the assistance of a qualified family law attorney. Reasons that spousal support could be warranted include (but are not limited to): a family violence conviction, if one party has been married for 10 or more years and does not have the ability to re-enter the workforce, or if one party cannot make enough money to support minimal needs due to a mental or physical disability.

If you or someone you know is considering divorce, the most important first step is to contact a dedicated family law attorney today.

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