Should I Get a Fault-Based Divorce in Texas?

 Posted on September 25, 2025 in Criminal Defense

If your marriage has become unsustainable because of your partner’s actions, you may have grounds to pursue a fault-based divorce. However, before you proceed, you should make sure that you understand the possible repercussions. A Llano County, TX family law attorney can advise you of your options and help you move forward from your marriage.

At the Law Office of Russ Alan Baker, PLLC, we have the resources and skills to represent you in a contested fault-based divorce, prioritizing your best interests. With over 15 years of proven litigation experience, Attorney Russ Alan Baker is qualified to advocate for you in court.

What Are the Grounds for Fault-Based Divorce in Texas?

To get a fault-based divorce, it is not enough to simply cast the blame on your spouse for the collapse of your marriage. You can only file for fault-based divorce on specific grounds (Texas Family Code Sec. 6.001 - 6.007), including:

• Abandonment for a year or more

• Adultery

• Conviction of a felony with a prison sentence of a year or more

• Cruelty

• Confinement in a mental hospital for three years, when a relapse is probable or an adjustment is unlikely

When you file for a dissolution of marriage on these grounds, it is your responsibility to prove your spouse’s fault to the court and back up your assertions with evidence.

Reasons to Consider a Fault-Based Divorce

In Texas, you can either file for a fault-based divorce or a no-fault divorce based on insupportability. No-fault divorces are much more common, and for many couples, it is the preferred option since it involves less work for both parties.

That being said, there are some cases where a fault-based dissolution of marriage may be the better course of action. If your spouse is completely unwilling to cooperate, you could consider going into litigation based on one of the accepted grounds. For some couples, pursuing a fault-based divorce may be the best way to exit a toxic relationship.

Pros and Cons of Fault-Based Divorces

You should consider all of your choices before you decide to move forward with a fault-based divorce. Proceeding to trial prematurely can raise the tension and spark unnecessary arguments. It can also burden you with legal fees over multiple hearings, as opposed to simply agreeing to settle outside of court.

On the other hand, there are some advantages to pursuing a fault-based divorce. If the judge rules in your favor, you could be granted a greater share of marital property. Furthermore, if you have children in your divorce, it may be important to establish that your spouse has a history of cruelty or abandonment, as child custody decisions are made with the child’s best interests in mind.

Contact a Llano, TX Divorce Litigation Lawyer

When your spouse’s actions lead to the end of your marriage, you might be able to hold him or her accountable in a trial. At the Law Office of Russ Alan Baker, PLLC, we can work with you from the early stages of your divorce to the very end. To set up an initial consultation with our Llano County, TX contested divorce attorney, call our offices at 325-216-2006 today.