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Does fault matter in divorce cases anymore?

On Behalf of | Mar 12, 2024 | Divorce in Texas

There was a time when fault was very important in divorce cases. One person had to accuse the other of doing something to cause the divorce, and the court would then rule on whether or not the divorce was allowed. Someone who didn’t have a good enough reason for the divorce could theoretically find that it wouldn’t be granted and they had to stay married.

If this sounds surprising, it’s because the law hasn’t worked this way in a long time. These outdated divorce laws were replaced in the 1970s with no-fault laws. These are now in use in Texas and across the United States, and they mean that no one has to prove fault to be granted a divorce.

It can impact the process

That being said, there are some instances in which the reason for the divorce may still matter. It can impact how the process plays out.

For example, perhaps you are asking for a divorce because your partner had an affair and was spending the family’s money to take extravagant trips or to buy gifts for the affair partner. This could influence how the court decides to divide your marital property because your spouse was dissipating it during the marriage.

Another example is if you are asking for a divorce because your spouse is abusive. If the two of you have children together, allegations of abuse or domestic violence can impact how the court decides to divide up your parenting time and legal custody rights. They want to keep your child safe.

As this shows, the divorce process can be fairly complex, and there are many different factors to consider. Look into your legal rights as you move through it this year.