Several divorce options are available to people who no longer wish to be married. Most people choose to file no-fault divorces, meaning that they do not need to explain the conditions behind the divorce, however, some people choose to file a fault-based divorce when they are seeking to split ways with their spouse.

Although fault-based divorce can have certain benefits, it can also be more expensive, and it comes with specific risks. Before filing, it is essential to understand the ramifications of choosing a fault-based divorce, and an experienced divorce attorney could get you the most favorable result possible. You need a Frisco fault-based divorce lawyer who is sensitive to what you are going through and practices family law the right way: by seeking solutions instead of aggressive conflict.

About Fault-Based Divorce

A fault-based divorce occurs when one person accuses the other of causing the marriage to end. It is important to keep in mind that divorce records can become public, but it can be beneficial to establish the other side was at fault for the breakdown of the marriage in specific circumstances.

Showing fault-based grounds for the divorce has less to do with getting the divorce decree and more to do with influencing other aspects of the judge’s final order. For example, finances or child custody determinations can be affected by the reasons provided for the fault-based divorce. In a community property state, all property acquired during a marriage is divided in a reasonably just manner between the two spouses upon divorce. The judge considers several factors to ensure just division, including fault. A spouse could receive a larger percentage of the community property with the assistance of a Frisco lawyer who is well acquainted with fault-based divorces.

Grounds for Fault-Based Divorce

The typical grounds for a fault-based divorce include adultery, abandonment for one year or more, abuse/cruelty, or felony convictions.


Adultery is the voluntary sexual intercourse of a married person with someone who is not their spouse. In instances of adultery, the divorce-seeking spouse does not need to catch the cheating spouse in the act. The judge can look to other evidence that shows that the spouse is guilty of infidelity. Evidence can include incriminating texts, receipts for meals/hotels, telephone records, and other evidence to show beyond a doubt the spouse was unfaithful.


To show abandonment, the divorce-seeking spouse must prove that the other voluntarily left and has no intention of returning. The spouse who left must also have continuously been away for at least one year. That means the spouse could not have returned to the home or spent the night at any time during that year.

Domestic Violence and Cruelty

Spouses often cite cruelty as the basis for their divorce. Cruelty can include physical abuse, mental abuse, and cruel circumstances. The cruel treatment must be so bad it makes living together intolerable. Courts deem cruelty as willfully causing the other spouse pain or suffering, and two common examples include mental and physical abuse.

Felony Conviction

A fault-based divorce can be granted when one spouse was convicted of a felony during the marriage and imprisoned for at least one year.

Fault-based divorce requires a strong showing of evidence, and the spouse seeking the divorce bears the burden of proof. A Frisco fault-based divorce lawyer could collect evidence on your behalf.

Speak With a Frisco Attorney About Fault-Based Divorce

When a fault-based approach to divorce is the best option for you, it is a good idea to talk to an attorney because the process is usually complicated and contentious. A Frisco fault-based divorce lawyer could advise you of all your options. Call today for a private consultation.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson