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No-Fault Divorce vs. Fault-Based Divorce

Posted by Eric Labovitz | Jan 21, 2020 | 0 Comments

According to Texas family law, divorcing couples have the choice to pursue either a “no-fault” divorce or a “fault-based” divorce. In a no-fault divorce, the split is based on non-specific irreconcilable differences between the couple. Conversely, fault-based divorce cases cite an exact reason for the couple's separation. Each of these types of divorce are beneficial in different ways — the one that works best for you will depend on the details of your case.

Fault vs No-Fault Divorces

A no-fault divorce cases means the couple cannot point to a specific reason for ending their marriage. In a fault-based divorce case, the person alleging fault will need to establish grounds for filing a divorce.

Qualifying fault grounds for a divorce in Texas may include:

  • Adultery
  • Abuse
  • Abandonment
  • Felony conviction
  • Other instances in which a spouse did not meet the needs of the other spouse

Choosing to file for a fault-based divorce highlights the reason for the breakdown of the marriage. That reason will define the divorce proceedings.

Collaborative, Uncontested, and Contested Divorce

Divorces can also be labeled as collaborative, uncontested, or contested. These terms define the proceedings, rather than the couple's reasons for filing for divorce. Any of these types of divorce cases can involve no-fault or fault-based proceedings.

For example, a couple may choose to go forward with a no-fault divorce because the split isn't based on a specific reason. But, the divorce could also be considered “contested” because their disagreements on property division, custody, etc. require the involvement of a court.

Benefits of No-Fault Divorces and Fault-Based Divorces

No-fault divorce cases (especially if they are collaborative) are usually an easier process, cost less, and take less time. Without fault at the core of a case, a couple can focus on completing divorce proceedings with little argument.

Fault-based divorces can be a little more complicated. However, they are a good choice if you need to highlight your former spouse's shortcomings during the proceedings.

Identifying fault can help you more explicitly express your needs in disagreements about:

Additionally, a court may make decisions more in your favor if there is evidence that your partner was unfaithful, abusive, or otherwise violated their spousal responsibilities.

How Do I Know if I Should Choose a No-Fault or Fault-Based Divorce?

Deciding whether you would like to pursue a no-fault or fault-based divorce will depend on your reason for separating from your spouse, and what you hope to gain from the proceedings.

If you are considering divorce, contact Labovitz Law Firm. Our divorce lawyers are available to answer your questions and can discuss representation in your divorce case. We can advise you on whether a no-fault divorce or fault-based divorce would be best.

Send us a message or call (817) 374-4056 to schedule a free consultation with our legal team.

About the Author

Eric Labovitz

Attorney Eric Steven Labovitz is an experienced trial attorney who is passionate and highly skilled in the field of criminal law. He excels in taking cases to trial but understands that trial may not be the ideal solution to every case. Instead, he works with his clients to determine goals for th...


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