Fault-Based vs. No-Fault Divorces in Texas

 Posted on November 14, 2025 in Divorce

When a marriage becomes unsustainable, it may be time to consider divorce. For many couples, divorce does not come with any hard feelings, with both parties agreeing to a settlement outside of court. However, in more fraught cases, one spouse may accuse the other of causing the collapse of the marriage. If you are unsure of how to proceed with the dissolution of your marriage, a Houston, TX divorce lawyer can help.

At The Cusic Law Firm, P.C., we represent clients in all kinds of family law matters. Whether you decide to pursue a fault-based or no-fault divorce, you can trust our attorneys to help you navigate the process, as many clients have praised our knowledgeable, compassionate service.

Three Differences Between Fault and No-Fault Based Divorces

Burden of Proof

In general, it is much easier to make a case for a no-fault divorce compared to a fault-based divorce. This is, in large part, due to the need to prove the reason behind the fault you claim. In Texas, you can get a no-fault divorce based on insupportability, which only requires one spouse to testify that the marriage has deteriorated beyond "any reasonable expectation of reconciliation." 

By contrast, there are multiple fault-based grounds for divorce in Texas that will require you to provide solid evidence under Title 1 of the Texas Family Code. These grounds include:

• Cruelty

• Adultery

• Conviction of a felony with a prison sentence of at least a year

• Abandonment for at least a year

• Confinement in a mental hospital for at least three years

Making a case for fault-based divorce may require official documentation or records of arrest, in the case of a felony conviction or confinement. Witness testimony, photographs, and text messages may also be needed to prove the existence of cruelty or an adulterous affair.

Level of Conflict

Since fault-based divorces involve allegations of wrongdoing by one party, they tend to involve more conflict between the spouses. This is in contrast to no-fault divorces, which can be handled through a settlement without the court’s involvement. 

The level of conflict in a fault-based divorce can slow the legal proceedings down. When one spouse disputes the reason for the collapse of the marriage, the court will have to hear both sides, potentially extending the divorce by several months.

Decisions About Community Property and Maintenance

Pursuing a fault-based or no-fault divorce can have a real impact on how the legal proceedings play out. When judges make decisions about the division of community property or whether to award spousal maintenance, they will factor in marital misconduct. This means that if your spouse demonstrates that you committed adultery, for instance, it could result in you receiving a lesser share of community property or assets.

Contact a Harris County, TX Family Law Attorney

There are advantages to pursuing a fault-based divorce, but the choice should be made with careful consideration. At The Cusic Law Firm, P.C., we can go over your case and discuss your best options with you to protect your interests as you transition out of your marriage. Call our Houston, TX divorce lawyers at 713-650-1866 to set up a free consultation.