by Travers & Travers | Apr 9, 2019 |

Though the decision proved heartbreaking, you decide to file to divorce your spouse. You want custody of your children, and you believe you deserve a larger half of the assets due to your spouse’s poor decisions in your marriage.

The state of Texas allows individuals to file for divorce highlighting their spouse’s faults. Acts committed must meet several criteria, but outlining your spouse’s transgressions may help you obtain more assets and custody of your children. The process of claiming fault in a divorce may prove tricky without sufficient evidence, so it is essential to hire an experienced attorney to work with you to help you receive the assets and custody you deserve.

Grounds for fault divorce

If you wish to explain that the court should take your spouse’s transgressions into account when dividing assets and custody, Texas maintains that you must show valid reasoning and proof.

According to Texas code, grounds for fault divorce include:

1. Cruelty: The court must find your spouse guilty of cruel treatment. In these cases, the court may obtain medical records, photos taken or police reports of domestic violence to grant you fault divorce.
2. Adultery: Your spouse committing adultery may allow you to collect more assets than your spouse, as a marriage in Texas implies that no extra-marital affairs take place. Again, a judge may summon evidence from social media sites, phone records or your work with a private investigator.
3. Conviction of Felony: If your spouse commits a felony, or has been imprisoned for one year and has not been pardoned, you may prove fault in divorce. You may show that you cannot accurately engage in marital behavior when your spouse serves time.
4. Abandonment: Showing that your spouse left without the intention of coming back and remained away for at least one year, Texas court may dissolve your marriage.
5. Confinement in Mental Hospital: A court may grant your fault divorce if your spouse lives in a mental hospital, and it is unlikely that release is probable. Medical records and discussion with hospital staff may occur.

It is essential to save all fault-related documents and evidence surrounding your spouse’s wrongdoings.

The benefits of filing fault-based divorces

When you file a fault divorce, you claim that if your spouse had not engaged in the various acts that lead you to divorce, you and your spouse would continue to be married.

Especially in terms of child custody, you prove that due to their misbehavior, they prove unfit to take care of children. Your ex-spouse may receive less custody or no custody, depending on the circumstances of the grounds for divorce. Your spouse may also receive less assets, especially if their faults show their instability with money or mental health issues.

When dealing with evidence in fault-based divorces, you must hire an experienced attorney. Proper representation gives you the opportunity to focus on your emotional health and your children, whereas going through a fault divorce on your own may prove detrimental to mental state, and eventually, your divorce outcome.