Is Texas a No-Fault Divorce State?
No-fault divorce is a catch-phrase that refers to the fact that a spouse need not show fault of the other spouse to get a divorce. A spouse can generally be granted a divorce by simply alleging irreconcilable differences, incompatibility, or an irretrievable breakdown of the marriage. All fifty states have similar no-fault divorce laws, though time periods and other prerequisites vary from state to state.
Just because fault is not required to be shown does not necessarily mean that fault cannot be used strategically. If your spouse was at fault for the breakdown of the marriage, and you expect to fight over the children or property, then it may be to your advantage to file for divorce based on fault.
Some common grounds of fault include abandonment, adultery, drug or alcohol abuse, anger management issues, criminal conduct, and failure to care for or provide for the children. Proving fault on the part of the other spouse may help you achieve a better outcome related to child custody, alimony, and division of property.
The best way to decide whether to pursue a no-fault divorce or a fault-based divorce is to discuss the matter with an experienced Texas family law attorney. Be prepared to discuss your marriage openly with your attorney in the beginning of your divorce proceedings and thereafter. We may be able to mitigate comparative fault on your part if we know about it ahead of time.
To talk with an experienced College Station, Texas divorce attorney, call the Peterson Law Group at 979-703-7014 or fill out our online contact form. We are committed to finding solutions for our clients.