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Fault-Based Divorce

A fault-based divorce in Missouri City occurs when the actions of one or both spouses cause the breakdown of the marriage. These actions may include adultery, abandonment, confinement, or cruel treatment. Our skilled divorce attorneys have vast experience handling these types of cases and could protect you and your children throughout this process.

What Is The Purpose Of Filing For A Fault-Based Divorce?

During any divorce case, the courts must follow a just and right division when splitting the marital property between two parties. This means that this division is not necessarily going to be 50-50. This is because the court can make some determinations as to what property or what percentages of property may go to the parties. Therefore, a person in Missouri City may file for a fault-based divorce if they feel that they should receive a disproportionate amount of the community property in the marriage based upon the actions of their spouse.

Proving Fault Grounds

In most fault-based divorces, the filing party in Missouri City must be able to prove the other spouse’s misconduct that led to the breakdown of their marriage. When citing adultery as grounds for divorce, the filing party must present evidence that proves their spouse has been participating in an extra miracle affair. This evidence may include pictures, recordings, or firsthand knowledge from a witness. In situations, where cruel treatment might be the cause of the breakdown of the marriage, the filing party may need to prove that they or their children are experiencing violence at the hands of their spouse through medical records, photographs, or text messages. Alternatively, one spouse may prove to the court that they are not at fault by presenting their own evidence to the contrary of what’s presented by the filing party. For example, if the filing party submits photographs of the responding spouse. The respondent may counteract by putting more context into those photographs. If both partners are at fault, then it may be easier for them to file under no-fault.

Waiting-Period After Filing

Regardless of fault, there’s still that 60-day waiting period. This means that once the party files on the 61st day, the parties may go before the judge and their marriage may be officially dissolved. It is important to note that there are some circumstances where this waiting period may be shorted. For example, if there are allegations of abuse or the filing spouse and their children are in danger, they may be able to get a divorce much quicker.

Speak With A Missouri City Attorney About Filing A Fault-Based Divorce

In fault-based divorces in Missouri City, our experienced attorneys take the time to make sure that we have comfortable communication with our clients. This trusted communication is important in these cases because a client may have to divulge potentially sensitive information. Therefore, it is important to establish the kind of relationship where the clients can tell us everything so that we can help them. If you need help with dissolving your marriage, call our office today at 281-975-0307 in Houston or at 512-572-1207 in Austin.