When your spouse commits wrongdoing in the marriage, you can file for fault-based divorce. Litigating a fault-based divorce can be more complicated and take longer to resolve, which is why you should seek counsel from an experienced divorce attorney.

Courts weigh a variety of factors when dividing marital property, including fault, so when one spouse committed serious misconduct that negatively impacted the other, it may be worth proving fault to secure a more favorable divorce settlement. Discuss your situation with a fault-based divorce lawyer in the Colony.

Requirements of Fault-Based Divorce

A fault-based divorce requires one spouse to demonstrate the breakdown of the marriage is their spouse’s fault. Proving fault in a divorce takes a combination of evidence and strong legal representation to prove the at-fault spouse’s misconduct. It is important to remember fault can significantly impact the division of assets, and an experienced lawyer in The Colony could advocate for the best settlement based on the circumstances of a fault-based divorce.

Fault Grounds

There are four types of recognized fault grounds for divorce: adultery, cruelty, abandonment, and felony conviction.


Cheating is grounds for a fault-based divorce. Any extramarital relationships that occur by either spouse could be considered adultery, and the same is true even when the couple has filed for divorce and is no longer living together. One spouse’s extramarital affair could impact the way assets and debts are divided, and it could also impact child custody or spousal support.


In the context of fault-based divorces, cruelty is any cruel treatment of the spouse that made living together insupportable. It could involve physical or emotional abuse. Determining whether certain circumstances fall into this category depends on the situation.


Another fault-based ground for separation is abandonment, which occurs when one spouse voluntarily left with the intent to abandon the marriage. To prove abandonment, two elements must be satisfied: the person abandoned the marriage for at least one year and left with the intention of abandoning it. As an attorney in The Colony could further explain, leaving a spouse for a job or deployment is not a valid reason to file a fault-based divorce based on abandonment.

Felony Conviction

Finally, when one party to the marriage was convicted of a felony within the duration of the marriage or spent one year in a state or federal prison, it is grounds for a fault-based divorce.

Contact a Fault-Based Divorce Attorney in The Colony

Showing that your spouse’s behavior contributed to your divorce can cost you time and money. The expertise of a fault-based divorce lawyer in The Colony could help ensure more money in your pocket when the divorce is finalized.

We are here to alleviate some of the emotional and financial stress associated with the dissolution of your marriage. We understand how draining the divorce process can be, especially when misconduct is a factor, so let us handle your case by investigating and proving your spouse’s fault. Our experienced legal professionals could work to secure a favorable settlement based on the circumstances of your divorce. Contact our office to discuss proving your spouse’s fault in a divorce proceeding.

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