Texas law permits divorce based on fault grounds. This means a divorce can be granted if one spouse can prove the other party is responsible for the breakdown of the marriage due to specific actions. Examples of fault grounds include adultery, cruelty, abandonment, and conviction of a felony.
Establishing fault can significantly impact the outcome of a divorce case, particularly in matters related to property division and spousal maintenance (alimony). Historically, fault played an even greater role in divorce proceedings. While no-fault divorce is also an option in Texas, pursuing a fault-based divorce may be strategically advantageous under certain circumstances. The benefits are that the wronged party can get a settlement in there favor compared to the one who committed the deed.