No-fault divorce refers to any divorce in which the spouse filing is not required to prove fault on the part of their partner. Rather than trying to prove a fault ground such as cruelty or adultery, the two parties simply agree that the marriage has become insupportable because of discord or conflict of personalities.
A no-fault divorce is not the same as an uncontested divorce. In Texas, the two parties may agree that there is no fault in the breakup of the marriage and still contest issues such as child custody and the division of marital property. The majority of divorces in Texas are granted on the no-fault ground, known as insupportability, because the parties’ feelings or lack of feelings will no longer support this marriage relationship.
In most cases, seeking a fault-based divorce simply adds to the cost and stress of the proceeding. However, there are exceptions where it may be worthwhile for one side to seek a divorce based on fault. For example, if a spouse was engaged in an extramarital affair, the wronged spouse can seek a marital waste claim for community assets spent to further the affair, including:
- Travel expenses
- Meals and gifts
- Hotels and apartments