Texas divorces do provide a right to request the court to find that the marital partner is at fault for a divorce.
Divorce and Adultery
Adultery may be alleged a reason for the fault-based divorce when there is clear and convincing evidence that the other person had voluntary intercourse with someone other than their spouse. Evidence of this could be that a child was born out of the marriage, texts, photos, or video, medical evidence, the testimony of the paramour, and any receipts for hotels or purchases that are connected to the affair. A finding by the court of adultery may result in a disproportionate division of the marital property or debt. Sometimes, it is necessary to get this finding of fault from a jury instead of a judge, but the right does exist.
Divorce and Family Violence
Family Violence is when another commits an act of violence on a family member, a person they are married to, a child of the marriage, or a person they have a dating relationship with. Clear and convincing evidence of the violence may include photos, videos, medical records, text admissions, or circumstantial evidence relating to threats or acts of violence. A court may make a finding of family violence after evidence is produced through physical exhibits or testimony as to the act of violence, and if the court makes this finding, one may get relief from the court limiting access to children, obtaining protections, and in also achieving a disproportionate division of property by pleading with the court that cruelty occurred during the marriage.
Divorce and Drug/Alcohol Abuse
Unfortunately, alcohol and/or drug use can tear families apart, and are often the source of bad judgments that contribute to the destruction of the marriage and the family unit. Drug testing and alcohol monitoring can be employed to limit or isolate these issues, so the court can understand the dangers and risks associated with this behavior and how it may affect the case in both the short-term and the long-term. It is important to be wise in the collection of evidence to prove these factors mentioned here. Sometimes, the mere probability that these factors are properly exposed can turn the tide on a case and lead to a favorable outcome.
At the end of the day, one wants a fair divorce, a clean outcome, and for there to be proper safeguards in place for oneself and the children. Something can be done about wrongs in a marriage, but making it right is a complex journey that requires legal skill and proper litigation.
For more information, call The Barrera Law Firm, for a free consultation at 956-428-2822 or reach us online.
