Divorce is a complex process, especially in a state like Texas. Understanding the differences between fault and no-fault divorces can help individuals make informed decisions.
No-fault divorce
In Texas, a no-fault divorce does not require either party to prove wrongdoing. The parties simply state that the marriage is “insupportable.” This means there is a conflict of personalities, and reconciliation is impossible. This approach avoids placing blame on either spouse.
Fault-based divorce
While no-fault divorces are common, some choose to file for a fault-based divorce. This requires proving specific grounds for the breakdown of the marriage. Here are some common reasons:
- Cruelty: intentional and continuous behavior causing physical or emotional suffering.
- Adultery: positive proof of infidelity, impacting property division and custody.
- Felony conviction: conviction and incarceration for over a year during the marriage.
- Abandonment: one spouse leaves without intention of returning for over a year.
- Separation: living apart for more than three years.
- Institutionalization: placement in a mental facility with no hope of recovery.
Fault-based divorces can influence alimony, property division, and child support decisions.
Property and support in Texas divorces
Texas follows community property laws. This means that the court will divide evenly all property acquired during the marriage. Each spouse retains their separate property, which includes assets owned before marriage or acquired after separation.
Community property includes joint bank accounts and assets purchased during the marriage. Wages and benefits earned during the marriage also fall under this category. Separate property involves assets owned before marriage and certain personal injury awards. An experienced attorney can help you understand your legal rights and obligations.
Spousal maintenance
In Texas, spousal maintenance is rare. The requesting spouse must prove they cannot meet their minimum needs. Courts consider factors like disability, caregiving responsibilities, and domestic violence. The duration of maintenance depends on the marriage’s length.
Knowing the differences between fault and no-fault divorces in Texas can help you handle this tough time more clearly. Whether you choose a no-fault divorce or need to prove fault, it is important to understand how this affects property and support.