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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Evidence in Fault Based Divorce Cases in Texas

ATTORNEYS IN DALLAS

A fault divorce means one spouse is judged to be at fault for the dissolution of the marriage and an unequal division of the community estate may be awarded.

Evidence in Fault Based Divorce Cases

Although many couples opt for no-fault divorces when their marriage breaks down, Texas law also allows parties to seek fault-based divorces. In such cases, one party is held responsible for the demise of the marriage. To obtain a fault-based divorce, the petitioner must present compelling evidence to the court to justify granting the requested relief. While there are various reasons why someone might choose to pursue a fault-based divorce, it is important to consult with a qualified attorney to ensure that the strategy aligns with the petitioner's goals and legal rights.

What Constitutes a Fault-Based Divorce in Texas

The Texas Family Code outlines seven grounds for divorce, with the first being insupportability, which is equivalent to a no-fault divorce. This means that the court can grant a divorce without assigning blame to either spouse. The other six grounds, including cruelty, adultery, conviction of a felony, living apart, abandonment, and confinement in a mental hospital, are considered fault-based. If the court grants a divorce based on fault, it will favor one spouse, which may affect the division of community property and spousal maintenance.

Evidence for a Fault-Based Divorce

In fault-based divorce cases, the type of evidence required to establish the grounds for divorce may vary depending on the grounds being asserted. Some fault-based grounds are relatively easy to establish. For instance, if a person seeks a divorce based on their spouse's conviction of a felony, they only need to provide evidence that their spouse was convicted of a felony, has been in prison for at least one year, and has not been pardoned. Similarly, if a party seeks a divorce due to their spouse's confinement in a mental hospital, they must offer proof of their spouse's confinement for at least three years and provide evidence that their spouse's mental disorder is severe enough that adjusting is unlikely and relapse is probable. Medical records and testimony from mental health experts can be used to establish the spouse's mental-health status.

However, establishing other fault-based grounds can be less straightforward. For example, proving adultery as grounds for divorce can be difficult as parties often lack direct evidence. Nevertheless, circumstantial evidence can be used to establish adultery. In fault divorce cases where adultery is alleged, voicemails, emails, text messages, photographs, and surveillance footage are often presented as evidence.

A party alleging abandonment as grounds for divorce must demonstrate that their spouse left their marital home with the intention of remaining away for a minimum of one year. Finally, cruelty can be established by showing that a party engaged in willful acts with the intent of causing their spouse pain and suffering.

Categories of Fault Based Divorce

A divorce in Texas may also be granted in favor of a spouse on fault grounds. There are four distinct categories for filing a fault-based divorce in Texas:

- Cruelty
- Adultery
- Felony conviction
- Abandonment

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

Obtaining a fault-based divorce can have its advantages, but it can also be a challenging and complicated process. The attorneys at Wilson Whitaker Rynell can help you seek a favorable outcome in a fault-based divorce case. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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