Why should I investigate my spouse if Texas is a no fault state?

Texas is not a true no fault state. A reason for wanting a divorce must be stated in the original pleadings filed in a divorce case. The most common basis in Texas is that "the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." Yet, in Texas you may still file for a fault divorce for cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital for specified periods. The primary reason for filing a fault divorce is to gain advantage in pretrial settlement issues, to support an unequal division of property, or to effect custody, visitation and support issues. Thoroughly documenting a spouse's abuse, adultery, income, alcoholism, verbal or physical abuse and other items can have a dramatic effect on the outcome of the case.  

Family Law courts are courts of both equity and law. Under the Family Code, property settlements are to be adjudicated in a "just and right" manner. This ultimately means that a judge may divide property, award custody and alter the rights of the parties according to concepts of fairness in a flexible framework of law. Additionally, because few people relish the idea of airing their "dirty laundry" in front of a courthouse full of strangers, at least 97 percent of Family Law cases wind up settling. Final settlements are achieved through interplay of a wide range of factors but the adulterous or abusive behavior of a spouse which is well documented can be utilized to effect a more favorable settlement.  Most people don't relish the idea of having their indiscretions aired at the courthouse, subject to publication in local newspapers, paramours deposed and aberrant behavior exposed. The key to effectively settling a case is to thoroughly document behavior that a court can legitimately consider in the dissolution of the marriage, partition of properties and consider in assessing the environment of children for custody purposes. Knowledge is power and the key is to gain knowledge before a party to a Family Law suit becomes aware of the existence of an investigation.