Like many states, Texas still allows divorce to be based on the fault of one of the parties in addition to granting no-fault divorces. Of the seven grounds recognized for a Texas divorce, only insupportability is the basis for obtaining a no-fault divorce in which the court assigns no blame to either party for causing the split. Insupportability is when the couple is unable to remain married due to conflicts or disagreements and reconciliation is unlikely to occur.
The Texas Family Code provides six at-fault divorce grounds. Courts will grant an at-fault divorce if a husband or wife is able to prove any of them. If one spouse is so cruel the other can no longer remain in the marriage, courts will grant a divorce.
In addition to cruelty, the other fault divorce grounds include adultery, confinement in prison for more than a year, living separately for more than three years or abandonment of one spouse by the other. The final fault ground, confinement in a mental hospital, will also be recognized if one spouse has been in such a facility for more than three years with little likelihood his or her condition will improve.
Although fault grounds are available to divorcing couples in Texas, it is normally best to file under the no-fault insupportability status. At-fault divorces require one person to prove the other person is to blame, are often contested and may make it more difficult for both to move on with their lives once the divorce is over. As courts can take fault into consideration when making property division determinations, at-fault divorces are still a good option for some divorcing spouses. When considering how to file, it is best to meet with a family law attorney in order to discuss which type of divorce to file.
Source: statutes.legis.state.tx.us, “Family Code“, September 29, 2014
