What Is A Fault Divorce?

Some states have what is known as a fault divorce. This is when one spouse claims the other spouse caused the breakup of the marriage, or in other words, the other spouse caused the marriage to fall apart. California is a no-fault divorce state. This means no spouse can place blame on the other spouse when filing for divorce. In Texas, and other similar states, the spouse claiming the other spouse is at fault will write this in their petition. The petition is the first document filed with the court that begins the divorce process. If the spouse making the claim did not file for divorce first, that spouse can include the fault claim in what is known as a counter-petition. In Texas, there are four grounds for a fault divorce. Grounds means four instances in which a spouse can be blamed for the breakup of a marriage.

houston lawyer lena nguyen divorce family law

1. Cruelty

A claim of cruel treatment can be just one single act or an accumulation of several acts. The act or acts has to be so serious that living together was no longer a possibility. The effect can be either mental or physical.

2. Adultery

Adultery is when a spouse voluntarily has sexual intercourse with someone other than his or her spouse. The spouse claiming adultery must provide evidence of adultery and not evidence of mere speculation.

3. Felony Conviction

The spouse must have been convicted of the felony during the marriage, and he or she must have been confined to a Texas penitentiary for at least one year.

4. Abandonment

The spouse must have intentionally abandoned the spouse making the claim. The spouse must have made no intention of returning. There must have been no agreement between the two spouses that the other spouse would leave the marriage. Also, the other spouse must have been gone for a continuous period of a least one year. In other words, there could be no returning home and going away.

DISCLAIMER: The following information found on www.legalattraction.com is provided for general informational purposes only. It may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice or the creation of an attorney-client relationship. This information is not intended to be a substitute for legal representation by an attorney.

10320 Telephone Rd. Ste A
Houston, TX 77075