There are two types of divorce suits: at-fault and no-fault. Each determines how a court distributes assets.
Depending on the type of case you pursue, a court will divide assets unequally if a court considers one party to be at fault for the end of the marriage
What is the difference between at-fault and no-fault divorce?
While not all states allow for at-fault divorce cases, Texas is one state that does. At-fault divorces may include circumstances where one individual abuse the other, a spouse is physically unable to have sexual intercourse, one spouse is in prison, or one party is guilty of adultery. In an at-fault suit, one party must prove that the other is the cause for the divorce.
No-fault divorces are the most common type. These can include reasons such as “irreparable breakdown of marriage” or “irreconcilable differences.” This type of divorce does not require one party to prove the other is responsible for the end of the relationship.
What if both parties pursue at-fault divorce cases?
In this instance, a court will decide which party is least at fault, and the court will favor that party. The term for this is “comparative rectitude,” and this policy exists to allow for a resolution even if both spouses are at fault.
When filing for divorce, you must decide whether you will choose to go after an at-fault or no-fault suit. By being aware of the differences between these two types of cases, you can be better prepared to choose which type of divorce you will pursue.