How Can I Defend Against Allegations of Fault in My Divorce?

 Posted on July 15, 2025 in Divorce

The state of Texas allows for spouses to file for divorce based on fault or no-fault grounds. A fault-based divorce can have serious implications for how your property and assets will be divided. With this in mind, if you have been accused of causing the collapse of your marriage, it is important that you seek out the services of a skilled Fort Worth divorce lawyer.

At the The Law Office of J. Kevin Clark P.C., we know how exhausting it can be to deal with a narcissistic spouse. When you work with our firm, we will represent your best interests in court, fighting to protect you against damaging allegations. In a contested divorce, you can rely on us to look out for your rights.

Proof Matters in Fault-Based Divorces

All allegations of fault must be backed up by evidence in court. If your spouse cannot supply hard proof like photos, videos, voice mails, text messages, or other relevant documents, the judge may decline to find you at fault.

For example, one of the legally recognized grounds for divorce in Texas is adultery. If your spouse comes forward to the court with an accusation of cheating, he or she would have to show concrete proof of infidelity, such as texts with an affair partner. At the The Law Office of J. Kevin Clark P.C., we can challenge unsubstantiated accusations in court and question whether there is enough proof to make a judgment.

Making a Recrimination Defense in Fault-Based Divorces 

A fault-based divorce petition could fall apart if your spouse is guilty of the same misconduct he or she is accusing you of. This is known as "recrimination," and it can be used as a defense against allegations of fault. Our attorney can review your case closely and consider your spouse’s role in the collapse of your marriage.

Consider a case where your spouse petitions for divorce on the grounds of cruelty. If you can prove that the abusive treatment was mutual, you could have room to assert a recrimination defense. This might be accomplished through a witness statement or documented instances of cruel treatment from your spouse.

Arguing Connivance to Defend Against Allegations of Marital Misconduct

If your spouse encouraged you to engage in marital misconduct, you could cite that as a defense in divorce court. This is most often used as a defense against claims of adultery, when one spouse "opens up" the marriage only to then claim his or her spouse cheated.

For a claim of connivance to hold up in court, you must show that your spouse set you up to take the blame. At The Law Office of J. Kevin Clark P.C., we can help you look for evidence showing that your spouse encouraged or intentionally created the circumstances leading to your divorce.

Meet With a Fort Worth, TX Divorce Attorney

Have you been accused of marital misconduct in your divorce? If so, you should get in contact with a Fort Worth, TX fault-based divorce lawyer to discuss your options for your defense. We are here to provide you with fierce representation against bad-faith accusations. Call The Law Office of J. Kevin Clark P.C. at 817-348-6723 today to schedule a free consultation.