Fault-Based Divorce

Fort Worth Fault-Based Divorce Lawyers

You Have Options — Let Us Help You Choose

When most people think about divorce in Texas, they think of a no-fault filing, which is a relatively straightforward path that does not require either spouse to prove wrongdoing. But that is not the only option available, and for some people, it isn't the best one. Texas law allows spouses to file for a fault-based divorce when one of the spouse’s conduct contributed to the breakdown of the marriage. Pursuing this type of divorce can have meaningful consequences for how property is divided, whether spousal maintenance is awarded, and how a judge views matters like child custody. At Turner-Monahan, PLLC, our Fort Worth fault-based divorce attorneys are here to help you understand your options clearly and make the decision that serves your best interests. Our clients trust us because we approach every case with the care, honesty, and dedication it deserves, and we hope to earn your trust as well.

When you work with our team, you can expect:

Experienced legal counsel — With more than 70 years of combined practice experience, our attorneys bring in-depth knowledge to every family law case we handle.
24/7 availability — You can contact us at any time to initiate the free consultation process
Proven recognition — Multiple years of Top Attorneys recognition from Fort Worth Magazine including 2025 reflect the standard of representation we bring to every client.
Genuine care — Dozens of positive reviews across multiple platforms speak to a simple truth: we treat every person we represent as a person, not a case number.

Call us at (817) 623-0129 or contact us through our online form to schedule a free consultation with our Fort Worth fault-based divorce lawyers today.

"Tyler and Jamie were exceptional in their services, showing professionalism, empathy, and expertise throughout my case."
Jamie's clear communication, attention to detail, and dedication to achieving the best outcome were evident at every step. They skillfully navigated complex legal challenges, ensuring our well-being and confidence in every decision.

- Celina L.
"Tyler Monahan has been representing me for about four years now."
Highly recommend this firm! His confidence and expertise has given me the confidence to face my legal challenges head on and I believe we’ve always come through with the best possible outcomes!

- Kenny L.
"After my injury, they were the only law firm where a real local person answered the phone."
This told me I would get the personal service I needed, and they went above and beyond my expectations. They got me the appointments I needed, explained any questions I had, and were always there to help. Some days were not easy for them, considering I was an emotional wreck after my injury, but they handled everything with care and reassured me until I felt better. They are truly an amazing law firm that provides great personal service.

- Rae L.
"They are a wonderful professional team that will provide you with excellent personal service during your case."
I highly recommend you contact the team at Turner-Monahan for your legal advice. If you need attorneys who are professional and really care about their clients, you will be happy with Turner-Monahan!

- Pamela H.
"They kept me informed and made sure that I was stress free every step of the way."
Matt and team were amazing to work with. Their fees were reasonable. I would 10/10 recommend and if I am ever in need again I know who to call.

- Alaquanesia T.
"He over-delivered and we couldn't be happier."
Tyler was Awesome! He kept in contact, answering emails and any questions we had. He let us know the process, and what to expect. He wasn't wrong. He even negotiated with my ex since she was without attorney and dealt with all the crazy with no complaints. His staff was also very professional and friendly, always helpful. I really liked that he had set pricing, not by the hour, so that at each stage we knew what the bill was going to be. That may not work in every case, but for ours it was great.

- Rodney S.

What is a Fault-Based Divorce in Texas?

A fault-based divorce is one in which the spouse filing for divorce (the petitioner) formally alleges that the other spouse's specific misconduct caused the marriage to fail. Unlike a no-fault filing, which simply states that the marriage has become insupportable, a fault-based filing requires the petitioner to present evidence supporting their claim. In exchange for that added burden, the court is permitted to take the offending spouse's conduct into account when making decisions about property division, spousal maintenance, and other key outcomes. In some situations, this can result in a meaningfully more favorable settlement for the spouse who was wronged.

Should You File for a Fault-Based Divorce?

Deciding whether to pursue a fault-based divorce is not a decision to make lightly or alone. The potential advantages must be weighed carefully against the additional complexity, time, and evidence requirements that come with a fault-based filing. Our Fort Worth fault-based divorce attorneys work closely with each client to evaluate the strength of their potential fault claim, assess how it might influence the outcomes that matter most to them, and advise on whether this path is likely to be worth pursuing given their circumstances. We believe that an informed client is an empowered client, and that the right legal strategy always starts with an honest conversation. Before you decide which path to pursue, talk to us.

Grounds for Fault-Based Divorce in Texas

The Texas Family Code recognizes several fault-based grounds for divorce, with the most common being:

Cruelty — One spouse has subjected the other to cruel treatment, whether physical or emotional, of a nature that makes further living together insupportable.
Adultery — One spouse has engaged in a sexual relationship outside of the marriage.
Felony conviction — One spouse has been convicted of a felony and has been imprisoned for at least one year. However, this ground cannot be used if the conviction was based on the testimony of the other spouse.
Abandonment — One spouse voluntarily left the other with the intention of abandoning the marriage and remained away continuously for at least one year without the other spouse's consent.

How Fault Can Influence Your Divorce Outcome

One of the most significant reasons to consider a fault-based filing is the potential impact it can have on how the court resolves key issues in your divorce. In Texas, fault is not irrelevant. Judges are permitted to consider it when determining what is just and right.

Specifically, establishing fault may influence:

Property division — A court may award a larger share of the marital estate to the innocent spouse when the other spouse's misconduct is proven.
Spousal maintenance — Fault can affect both eligibility for and the amount of spousal support ordered by the court.
Child custody — When fault involves conduct that affects the well-being of children, such as domestic violence or substance abuse, a judge will very likely take that into account when making custody and visitation decisions.

It is important to note that the influence of fault on the outcome of a case is up to the court’s discretion and does not guarantee any particular outcome.

Is a Fault-Based Divorce Always the Best Path?

Not necessarily, and our attorneys will tell you that honestly. Pursuing a fault-based divorce requires gathering and presenting credible evidence, which can add time and complexity to an already difficult process. In cases where the evidence is limited, or the likely benefit to property division or support is minimal, a no-fault filing may ultimately be a better option. Our role is not to pursue the most aggressive option for its own sake; it is to pursue the option that positions you for the outcome that best outcome possible given your particular situation and goals.

Call Our Firm Today to Learn More

Every divorce is different, and the right legal strategy depends entirely on the facts of your case. Our Fort Worth fault-based divorce attorneys are ready to listen to your story, review the details of your situation, and give you honest, experienced guidance on how to move forward.

Real attorneys, real guidance, real care — from the very first conversation.

Call us at (817) 623-0129 or reach out online to schedule your free consultation today.

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frequently asked questions

Is Texas a Community Property State?

Yes, Texas is a community property state, which means most assets and debts acquired during the marriage are considered jointly owned and subject to division. Separate property, which is an asset owned before the marriage or received as a gift or inheritance, is generally not subject to division. Disputes over what qualifies as separate or community property are very common in divorce.
How Long Does a Divorce Take in Texas?

Texas law requires a minimum 60-day waiting period from the date of filing. Beyond that, the timeline depends on the complexity of your case.
Uncontested divorces can often be finalized relatively quickly after the waiting period. Contested cases, especially those involving significant assets or child custody disputes, can take considerably longer.
Does Fault Matter in a Texas Divorce?

Texas allows both fault and no-fault divorce. A no-fault divorce is based on “insupportability.” Essentially, this means that the marriage has become unsustainable. Fault grounds include adultery, cruelty, abandonment, and felony conviction, among others. Proving fault can sometimes influence property division and spousal maintenance determinations.
How Much Does It Cost to File for Divorce in Fort Worth?

Filing fees in Tarrant County typically run a few hundred dollars, though the exact amount can vary. That's just the cost to get the case started. The overall cost of your divorce will depend on factors like whether your case is contested, how complex your assets are, and how much negotiation or litigation is required.
At Turner-Monahan, PLLC, our rates are competitive and clearly structured, and we'll give you a transparent picture of what to expect during your consultation.
How Do I Serve Divorce Papers in Texas?

After you file your petition, your spouse must be formally notified. This is called service of process. In Texas, this is typically done one of three ways: by a sheriff or constable, a private process server, or certified mail with a return receipt.
If your spouse is willing to cooperate, they can also sign a waiver of service, which skips the formal service requirement entirely. Our team can help you determine the most appropriate method for your situation.

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