Should I ask for a divorce based on fault or no-fault grounds?

Most divorces in Texas allege and are granted on the basis of insupportability, the no-fault ground. Insupportability simply means that there is a conflict of personalities that precludes reconciliation.

Fault grounds include adultery, cruelty, conviction of a felony, or abandonment and may include fraud in some circumstances. In some cases, it may be advantageous to allege fault in the breakup of the marriage. The most commonly used situation where fault grounds are alleged involves a request for a disproportionate (greater than 50/50) division of property. A fault finding in the breakup of the marriage may be used to justify a division of property that exceeds 50%. Or if custody is an issue, it may be beneficial to allege fault grounds, where the factual basis of the fault grounds might also be used as evidence to support the request for custody.

Michelle May O’Neil, president of O’Neil Attorneys and a Certified Family Law Specialist by the Texas Board of Legal Specialization, is nationally recognized as a leader in family law. She focuses on child-custody disputes, complex marital-property litigation, and family-law appeals. May also acts as a mediator for other attorneys in resolving family-law disputes.