What is fault-based divorce?

Fault-based divorce is a type of divorce that is granted when one spouse has legally caused harm to the other. In a fault-based divorce, the spouse who caused the harm is said to be “at-fault” and is considered responsible for the divorce. In Texas, there are seven legal grounds for fault-based divorce; these include adultery, cruelty, abandonment, confinement in prison, conviction of a felony, living apart from one’s spouse for three years or more, and evidence must be strong enough to convince the judge that one party is responsible for the dissolution of the marriage. Fault-based divorces can be difficult for the spouse who is considered to be at fault, as they are often required to face legal and financial repercussions. However, in certain situations, a fault-based divorce can be beneficial for the innocent spouse, if it can be proven that the other party is responsible for the dissolution of the marriage.

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