What is a fault-based divorce?

Texas law provides several fault-based grounds for granting a divorce. This means that one of the spouses is directly at fault for the break-up of the marriage. These include: cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital. Cruelty and adultery are the most commonly used fault-based grounds for divorce.

Pursuing a divorce based upon fault-based grounds has many strategic benefits; however, it is not the best thing to do in every case. Often times, a fault-based divorce may become more contested, drawn-out, and costly. Other times, a fault-based divorce may be necessary to protect your own interests.

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