Causes of Divorce

Reasons to File for Divorce

Infidelity is one of the main factors that lead to divorce. Although some couples try to work through unfaithfulness, for many, it's a deal-breaker. Another significant reason for divorce is financial troubles, which can result from disagreements over spending and saving habits. In certain situations, substance abuse or domestic violence by one partner may cause the other to leave the marriage. However, in some cases, couples may just grow apart and realize that they are no longer a good match, leading to the decision to divorce.

Fault vs No-Fault Divorces

Texas law provides for both fault-based and no-fault divorces. A no-fault divorce is typically based on the assertion that the marriage is irretrievably broken, and neither spouse is responsible for the breakdown. On the other hand, in a fault-based divorce, the spouse initiating the divorce alleges that the other party is responsible for the marriage's demise. Texas recognizes several grounds for fault-based divorce, such as adultery, cruelty, abandonment, felony conviction, long-term separation, or confinement in a mental hospital. In a fault-based divorce, the petitioner must generally provide evidence to prove the other party's wrongdoing. However, in some cases, it may be wise to pursue a no-fault divorce, even if one party is at fault, to facilitate a smoother and more peaceful dissolution of the marriage and division of assets.

How the Cause Impacts the Divorce Process

Filing for a fault-based divorce can affect the rights of both parties. For instance, a court may take into account a spouse's adultery when deciding how to divide the couple's property. In this scenario, the unfaithful spouse may not receive an equal share of the marital assets due to his or her infidelity. Instead, the court may award a smaller portion of the assets through equitable distribution.

In cases where one spouse has committed domestic violence, it can also affect the divorce proceedings. If the divorcing couple has children, an abusive parent may be denied custody rights altogether or may only be allowed supervised visitation. Additionally, a judge may consider a history of domestic violence when deciding how to divide the marital property.