Signing papers.

Fault vs. No-Fault Divorce

What’s the Difference Between Fault and No-Fault Divorce?

When you’re doing research about getting a divorce, you may begin to feel overwhelmed by terms and information. In Texas, there are two categories of divorce called fault and no-fault divorce.

Keep reading as we explain the differences between fault and no-fault divorce.

What is a No-Fault Divorce?

In Texas, there’s no requirement to prove any specific grounds for why you want to get a divorce, you can simply file for a no-fault divorce. When filing for a divorce, an attorney can help you claim insupportable grounds, which means you and your spouse can’t get along.

Most couples file for no-fault divorces because it’s less time-consuming and they don’t want to go through the process of proving fault.

However, there are some cases where you may want to file for specific grounds, which would fall under the fault divorce category.

What is a Fault Divorce?

Contrary to no-fault divorce, in Texas, if you feel your spouse did something significant to cause your marriage to end you can file for a fault-based divorce. In order to file for a fault divorce, you would be required to have proof that your marriage calls for a fault divorce.

There are several grounds for divorce that you can claim with your attorney for a fault divorce, including:

  • Your spouse has a felony.

  • Your spouse committed adultery.

  • You are a victim of mental or physical cruelty committed by your spouse.

  • Your spouse abandoned you for at least a year or more.

  • Your spouse is in a mental health hospital for a long time.

When you decide to file for grounds for divorce, you’re asking your attorney to help you explain how your spouse’s actions led to the marriage ending. If a fault is proved, it provides the court with justification for dividing the assets in a disproportionate manner.

Contact a Houston Divorce Attorney

If you’re considering getting a divorce and you need assistance with choosing the right path for your situation, our family law attorneys at Myres & Associates are just one call away.

To speak with one of our attorneys, call (713) 322-9810 to schedule a consultation today!