If you want a divorce, you may wonder if you need to prove fault by your ex to get one. In Texas, most divorce cases are filed on a no-fault basis. This means you can divorce your spouse without any explanation.
Learn about no-fault divorces in this article, and if you have questions about the next legal steps, our divorce lawyers in Dallas at Orsinger, Nelson, Downing & Anderson can answer them today. Our divorce attorneys provide reliable, effective legal representation to our family law clients, and all consultations are strictly confidential.
No-Fault Divorce In Texas
Many Texans prefer a no-fault divorce, because a resolution can be reached faster than a fault-based divorce. This is because there is no dispute over who did what, and it is not necessary to collect evidence to prove fault of your ex-spouse.
When you file for divorce, you do not need your partner’s consent to terminate the marriage. You can obtain a no-fault divorce in Texas by claiming that the marriage is insupportable. This means that the marriage cannot continue because of discord or conflict between the spouses, and there is no reasonable expectation of the spouses reconciling. However, note that even with a no-fault divorce you must wait at least sixty (60) days after filing the divorce petition for it to be granted by the Court
Fault-Based Divorce Is Also An Option
Texas also has fault-based divorces if you can prove—generally—that your ex-spouse has committed cruelty, engaged in physical adultery, received a felony conviction, or has abandoned you. Cruelty could include mental abuse, physical abuse, degrading behaviors, or inhumane treatment. You also can request a fault-based divorce if you have lived apart for at least three years.
Under Texas law, adultery means voluntary sexual intercourse of a spouse with someone they are not married to. Proving adultery in court means more than just a suspicion that the person was unfaithful. In some cases, it can even require more than just the sexual act in certain types of polyamorous relationships.
But the judge can review other evidence to prove the person committed adultery. Direct evidence of adultery might mean walking in on your spouse being unfaithful. Or you might hire a private investigator who tracks your spouse visiting his girlfriend. Other evidence that adultery occurred can be:
- Incriminating text messages;
- Meal and hotel receipts;
- Travel records;
- Doorbell camera footage;
- Incriminating photographs; or
- Phone records
If you think your spouse did something to justify filing for a fault-based divorce, talk to your divorce attorney about it. You could be awarded more assets or money from the property division when fault can be proven in court.
Property Division In Texas Divorces
Another matter to remember in a Texas divorce is that the Court will order a property division. Texas is a “community property state,” meaning that any property you or your spouse have during the marriage is considered (with some exceptions) community property. If you want a specific property to be considered separate and thereby not divisible by the Court, you must provide proof of ownership.
Some examples of separate property in a Texas divorce can be items that belonged to you before the marriage and was kept separate. Also, property that was a gift or inheritance is considered separate property.
Contact Our Divorce Lawyers In Dallas Today
If you and your spouse want to get divorced, opting for a no-fault divorce is usually a faster and less expensive course. Contact our divorce lawyers in Dallas. Orsinger, Nelson, Downing & Anderson can help with your divorce case, so please call (214) 273-2400.