In Texas, marital dissolution proceedings can be initiated under either a fault-based ground or on a no-fault basis. A fault-based divorce arises when one party alleges that the other’s actions caused the breakdown of the marriage. Examples of fault grounds include adultery, cruelty, abandonment, and conviction of a felony.
The availability of fault grounds in Texas provides avenues for a wronged spouse to seek redress through the divorce process. Historically, proving fault could influence the division of community property, potentially awarding a larger share to the innocent spouse. While the Texas Family Code mandates a just and fair division of community property, evidence of fault may still be considered by the court when determining what is equitable. Furthermore, establishing fault can impact decisions regarding spousal maintenance.