When it comes to divorce, Texas is a “no-fault” state. This means that you do not have to state a ground when you file a petition for divorce. You only have to say that your marriage has become “insupportable because of discord or conflict of personality”. In other words, you can divorce for the simple reason that you and your spouse don’t get along with each other. The question of possible marital misconduct by one spouse does not come into play until later in the process, when property division and alimony issues are decided. When looking at these issues, the court can take marital misconduct factors into consideration. This means that a no-fault divorce can result in something other than a 50-50 split in community property.
For example, what if a spouse has transferred community property to a relative after the divorce petition was filed without telling the other spouse? What if a spouse has used community assets to purchase lavish gifts for a lover? What if a spouse has wasted a large amount of community assets because of a gambling or drug problem?
In these situations, the court may award the wronged spouse with a disproportionate share of community assets, or require the offending spouse to pay higher alimony than he or she would ordinarily have to pay. The services of a private investigator or forensic accountant may be required to obtain evidence of such misconduct.