Fault-Based Divorce in Corpus Christi: When Adultery, Cruelty, or Other Misconduct Matters

Most divorces in Texas are granted on no-fault grounds—specifically, “insupportability,” meaning the marriage has become insupportable due to discord or conflict. But for some individuals, the fault of their spouse matters. Whether you have been the victim of adultery, cruelty, abandonment, or other misconduct, you may have the option to pursue a fault-based divorce. While fault does not determine whether a divorce is granted, it can have significant consequences for property division, spousal support, and even child custody.

At Barton & Associates, Attorneys at Law, we help clients throughout Corpus Christi and the Coastal Belt understand their options when fault is a factor in their divorce. Whether you are seeking to prove fault to protect your financial interests or defending against fault allegations, we provide the knowledgeable representation you need. With extensive experience in the Nueces County family district courts—including the 148th, 214th, 347th, and 319th District Courts—we help our clients navigate the complex interplay between fault and the legal consequences of divorce.

No-Fault vs. Fault-Based Divorce in Texas

Texas is a “no-fault” divorce state, meaning that a spouse can seek a divorce without proving that the other spouse did something wrong. The no-fault ground is “insupportability”—the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

In addition to no-fault grounds, Texas law provides several fault-based grounds for divorce:

• Adultery: Voluntary sexual intercourse with another person

• Cruelty: Treatment that renders living together insupportable

• Abandonment: Abandonment for at least one year

• Conviction of a felony: Imprisonment for at least one year

• Living apart: Living apart without cohabitation for at least three years

• Confinement in a mental hospital: For at least three years

While no-fault divorce is simpler and more common, fault-based divorce may be pursued when a spouse believes that proving fault will provide advantages in other aspects of the divorce.

Why Pursue a Fault-Based Divorce?

Proving fault can have significant consequences in a divorce:

Property Division

Texas law requires the court to divide community property in a manner that is “just and right.” While the court has broad discretion, fault can be a factor in determining what is just and right. A spouse who has committed adultery, cruelty, or other misconduct may receive a smaller share of the community estate.

In cases where one spouse has dissipated community assets—for example, spending substantial community funds on an extramarital affair—the court may award the innocent spouse a larger share to compensate for the waste.

Spousal Support (Alimony)

Fault can be a factor in determining eligibility for spousal maintenance. Under Texas law, a spouse may be eligible for spousal maintenance if, among other factors, they have been the victim of family violence within two years of the divorce. Additionally, the court may consider fault in determining the amount and duration of spousal support.

While Texas law limits spousal maintenance, fault-based considerations can be significant in cases where support is at issue.

Child Custody

Fault does not automatically affect child custody—the court’s primary consideration is always the best interest of the child. However, fault-related conduct that affects the child’s well-being can be relevant. For example:

• Adultery: If a spouse’s extramarital conduct exposes the child to unsafe situations or unsuitable individuals, it may affect custody

• Cruelty: A pattern of cruelty toward the other spouse may indicate an inability to provide a safe, stable environment for the child

• Abandonment: Abandonment of the family may affect custody determinations

• Criminal conduct: A felony conviction may affect a parent’s ability to provide a stable home

Personal and Emotional Closure

For some individuals, proving fault provides a sense of validation and closure. Being able to establish that the marriage ended due to the other spouse’s misconduct can be an important part of the healing process.

The Fault-Based Grounds for Divorce in Texas

Adultery

Adultery is defined as voluntary sexual intercourse with a person other than the spouse. To prove adultery, you must present evidence that:

• The spouse had an extramarital sexual relationship

• The relationship was voluntary (not forced)

• The relationship occurred during the marriage

Proving adultery does not require direct evidence—eyewitness testimony is rarely available. Instead, circumstantial evidence is typically used, including:

• Excessive communications (texts, emails, social media messages)

• Unexplained absences and expenditures

• Photographs or videos

• Admissions by the spouse

• Testimony from witnesses who observed suspicious behavior

In Corpus Christi, where the community is close-knit, evidence of adultery may come from friends, neighbors, or coworkers who observed inappropriate behavior.

Cruelty

Cruelty is defined as treatment that renders living together insupportable. The cruelty must be ongoing and significant—isolated incidents of conflict are not sufficient. Evidence of cruelty may include:

• Physical abuse or threats of violence

• Emotional abuse, humiliation, or degradation

• Financial abuse or control

• Substance abuse that makes living together insupportable

• Repeated infidelity or other conduct

Cruelty requires a pattern of behavior that makes it impossible to continue the marriage.

Abandonment

Abandonment occurs when one spouse voluntarily leaves the other with the intention of ending the marriage and remains away for at least one year. To prove abandonment, you must show:

• The spouse left the marital home

• The departure was voluntary (not forced)

• The departure was without the other spouse’s consent

• The departure was with the intent to abandon the marriage

• The abandonment has continued for at least one year

If the spouse left for legitimate reasons—such as domestic violence or a job transfer—abandonment may not be established.

Conviction of a Felony

A spouse may seek divorce if the other spouse has been convicted of a felony and is imprisoned for at least one year. The conviction must be final, and the spouse cannot have been pardoned. This ground is available regardless of whether the spouse is still incarcerated.

Living Apart

If the spouses have lived apart without cohabitation for at least three years, either spouse may seek divorce on this ground. Unlike abandonment, this ground does not require showing that one spouse left the other—it simply requires that the parties have been living separately for three years.

Confinement in a Mental Hospital

If one spouse has been confined in a state mental hospital for at least three years, the other spouse may seek divorce. This ground requires that the confinement is likely to be permanent and that the spouse is not expected to recover.

Proving Fault: The Burden of Proof

In a fault-based divorce, the spouse alleging fault bears the burden of proof. The standard of proof is “preponderance of the evidence”—meaning it is more likely than not that the misconduct occurred. However, because fault can have significant consequences, the evidence must be credible and compelling.

Proving fault often requires:

• Documentary evidence: Emails, text messages, social media posts, financial records

• Witness testimony: Friends, family, coworkers, or others with relevant information

• Expert testimony: In some cases, forensic accountants to trace dissipated assets or mental health professionals to address cruelty

• Photographs and videos: Visual evidence of misconduct

Our attorneys have extensive experience gathering and presenting evidence in fault-based divorces.

Defending Against Fault Allegations

If you are the spouse against whom fault allegations are made, you have the right to defend yourself. Defenses may include:

• Lack of evidence: The other spouse must prove the allegations by a preponderance of the evidence

• Consent: In some cases, the alleged conduct may have been consensual or condoned

• Condone: If you continued to live with your spouse after learning of the misconduct, you may have condoned it

• Provocation: If the other spouse’s conduct provoked the alleged behavior, fault may be mitigated

Defending against fault allegations is essential because a finding of fault can affect property division, spousal support, and custody.

The Interaction Between Fault and Property Division

While Texas is a community property state, the court has broad discretion to divide property in a manner that is “just and right.” Fault can be a factor in this determination.

For example, if a spouse committed adultery and used community funds to support the affair—paying for hotels, gifts, or travel—the court may award the innocent spouse a larger share of the community estate to compensate for the waste. Similarly, if a spouse engaged in cruel conduct that caused the marriage to end, the court may consider that in dividing property.

The court may also consider fault in determining whether to award spousal maintenance. Under Texas law, a spouse may be eligible for spousal maintenance if they have been the victim of family violence within two years of the divorce.

Fault and Child Custody

Fault does not automatically determine child custody. The court’s primary consideration is always the best interest of the child. However, fault-related conduct that affects the child’s well-being can be relevant.

Factors that may affect custody include:

• Exposure to unsafe individuals: If a spouse’s extramarital relationship involves individuals who are unsafe for the child

• Substance abuse: If the spouse’s conduct involves substance abuse that impairs parenting

• Family violence: If the spouse has been violent toward the other spouse or the child

• Neglect: If the spouse’s conduct has resulted in neglect of the child

• Stability: If the spouse’s conduct demonstrates an inability to provide a stable home

The court will consider all relevant evidence when making custody determinations.

Frequently Asked Questions About Fault-Based Divorce

What is the difference between no-fault and fault-based divorce?

A no-fault divorce is based on “insupportability”—the marriage cannot be saved due to discord. A fault-based divorce is based on specific misconduct such as adultery, cruelty, or abandonment. The grounds for divorce do not affect whether a divorce is granted, but fault can affect property division, spousal support, and child custody.

How do I prove adultery in a divorce?

Adultery is typically proven through circumstantial evidence, such as excessive communications, unexplained absences, financial records showing expenditures, photographs, or admissions. Direct evidence is rarely available.

Can I get a larger share of property if my spouse committed adultery?

Yes. The court may consider fault, including adultery, in determining a “just and right” division of property. If your spouse used community funds to support an affair, you may be entitled to a larger share to compensate for the waste.

Does adultery affect child custody?

Adultery alone does not automatically affect child custody. However, if the adulterous conduct exposes the child to unsafe situations or demonstrates an inability to provide a stable home, it may be considered in the best interest analysis.

What is cruelty as a ground for divorce?

Cruelty is treatment that renders living together insupportable. This can include physical abuse, emotional abuse, financial abuse, or other conduct that makes it impossible to continue the marriage. The cruelty must be ongoing and significant.

How long do I have to wait for a fault-based divorce?

The waiting period for a fault-based divorce is the same as for a no-fault divorce—60 days from the date the petition is filed. However, fault-based divorces often take longer because they involve gathering evidence and may be contested.

What if my spouse abandoned me?

If your spouse voluntarily left the marital home with the intent to end the marriage and has been gone for at least one year, you may seek divorce on the ground of abandonment.

Can I file for divorce if my spouse is in prison?

Yes. If your spouse has been convicted of a felony and is imprisoned for at least one year, you may seek divorce on that ground.

Is a fault-based divorce more expensive than a no-fault divorce?

Yes. Fault-based divorces typically cost more because they require gathering evidence, depositions, and potentially expert witnesses. They also take longer and are more likely to go to trial.

Do I need an attorney for a fault-based divorce?

Yes. Fault-based divorces are complex and require a thorough understanding of evidentiary rules, property division principles, and the potential consequences of a fault finding. An experienced family law attorney can help you navigate the process and protect your interests.

Why Barton & Associates Is the Right Choice for Your Fault-Based Divorce

Fault-based divorce requires a different approach than no-fault divorce. It requires gathering evidence, presenting compelling testimony, and understanding how fault affects property division, spousal support, and custody.

At Barton & Associates, Attorneys at Law, we have extensive experience handling fault-based divorces in the Nueces County family district courts. We understand the evidentiary requirements, the legal standards, and the strategies for proving or defending against fault allegations.

Our attorneys work with forensic accountants, private investigators, and other experts when necessary to gather evidence and build strong cases. Whether you are seeking to prove fault to protect your financial interests or defending against false allegations, we provide the aggressive, knowledgeable representation you need.

Protect Your Rights in a Fault-Based Divorce Today

If you believe fault is a factor in your divorce—whether because of adultery, cruelty, abandonment, or other misconduct—you need an attorney who understands how to prove fault and use it to your advantage. The decisions made in your divorce will affect your financial future, your relationship with your children, and your ability to move forward.

Contact the experienced family law attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you navigate a fault-based divorce and secure the outcome you deserve.

Main Category: Family Law Corpus Christi
Practice Area Category: Divorce & Separation
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780