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Denton Family Attorneys

Whose Fault Is It? Fault vs. No-fault Divorce

The two major types of divorce are fault and no-fault. Typically, the basic divorce is a no-fault matter. However, under certain circumstances, a divorce can be considered to have a person at fault, who basically caused the marriage to fail.

No-Fault Divorces

In essence, a no-fault divorce is one in which the spouse who files for divorce is not legally required to prove that the other spouse is in the wrong. Texas, and most other states, will accept no-fault divorces. In filing for a no-fault divorce, the spouse must indicate that marriage can no longer be sustained because the couple is simply not able to get along.

No-fault divorce is where we commonly hear phrases such as “irreconcilable differences,” “incompatibility,” and other such wording indicating irreparable breakdowns. Usually, the couple can easily obtain a divorce without question as to what the differences actually are.

Fault-Based Divorces

Fault divorces are another matter entirely. Only allowed by some states, Texas included, fault divorce occurs when one or both members of a marriage seek a divorce due to the irresponsibility of a spouse. The state of Texas does have requirements regarding fault divorce. In fault divorces, a marriage fails because of at least one of the following reasons:

  • Cheating/Adultery
  • Cruel treatment (emotional or physical)
  • Desertion for at least one year, with abandonment intent
  • Confinement in a state mental hospital for at least three years
  • A period of incarceration lasting longer than one year
  • An inability to participate in physical sexual relationship that was not revealed before marriage

Consult with Denton Divorce Lawyers

Determining if your divorce should be no-fault or fault can be tricky. If you or someone you know is in need of a divorce or other such legal marriage information, please contact Alexander & Associates, Denton family attorneys, at 972-420-6560.

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