As you file for divorce, you may feel hurt and want your spouse held accountable for adultery. Additionally, you may worry that a no-fault divorce will permit them to avoid the impact of their conduct.
In Texas, fault can play a role in your case; but it may not always operate as you anticipate. The court will evaluate the full context before issuing any ruling.
When fault matters more than you think
Texas allows both no-fault and fault-based divorce. You can file on fault grounds including adultery. On the other hand, you can also file on no-fault grounds at the outset and plead fault grounds in your petition or amend before trial to obtain a fault-based divorce thereafter.
In many cases, fault carries a significant weight in property division. Texas law presumes you and your spouse must receive an equal division of community property, so you bear the burden of proving why the court should deviate from this presumption based on fault.
A Texas judge may award a larger share of the marital estate if adultery affected the marriage, known as a disproportionate division. However, you must prove that the adultery caused economic harm or dissipated community assets.
What counts as fault under Texas law
If you plan to pursue fault grounds, it helps to understand what the law permits. Texas recognizes several types of marital fault:
- Adultery, which involves a spouse engaging in a sexual relationship outside the marriage
- Cruel treatment that renders an unbearable living situation
- Abandonment for at least one year with intent not to return
- Felony conviction with imprisonment for at least one year and without a pardon
- Living apart for at least three years
- Confinement in a mental hospital under statutory conditions
Adultery often carries the most weight in property disputes, but the court will require clear and credible evidence before it rules. You must then present clear proof of adultery, such as financial records and witness accounts.
Protecting your outcome, not just proving a point
You may want accountability, but your long-term outcome equally matters. A strong case relies on both proof and strategy, so careful records and consistent decisions can support your position. The court will weigh your evidence under Texas law, not emotion alone. Thoughtful legal guidance may further help you present your case in a way that safeguards your financial future.
