Texas lets a spouse divorce without blaming anyone — but fault still has a place, and it can affect the outcome. SMB Law, PC helps Wells Branch spouses understand when fault matters and how to prove or rebut it.
Wells Branch spouses are often surprised to learn that although a no-fault divorce is available, alleging fault can still influence how property is divided and how the court views custody.
Where a Wells Branch contested divorce is filed
Wells Branch is in Travis County, so a divorce is filed with the Travis County District Clerk at the Civil and Family Courthouse on Guadalupe Street in Austin, once the residency requirements are met. A 60-day waiting period applies before finalizing.
Fault grounds and how they affect the outcome
Texas allows a no-fault divorce on the ground of ‘insupportability’ — meaning the marriage has broken down — and most divorces are granted this way. But Texas also recognizes fault grounds, including adultery, cruelty, abandonment, felony conviction, and others. Fault is not just symbolic: because a court divides community property in a way that is just and right, proven fault such as adultery or cruelty can justify awarding the wronged spouse a larger share of the estate. Fault involving family violence or endangerment can also weigh heavily in decisions about the children. At the same time, pursuing fault raises the cost and conflict of a case, and it must be proven with real evidence, not accusation. We help Wells Branch clients weigh whether alleging fault serves their goals, and we build or defend against the proof it requires.
Using — or answering — a fault claim strategically
Whether to make fault part of a Wells Branch divorce is a strategic decision, not an emotional one, and we help clients make it clearly. Alleging adultery or cruelty can meaningfully improve a property outcome, but only if it can be proven and only if the benefit outweighs the added expense and acrimony — and a fault claim thrown in without evidence can backfire. On the other side, a spouse accused of fault needs a measured, evidence-based response rather than a defensive overreaction. We evaluate the actual proof available, advise honestly on whether a fault theory is worth pursuing, and then execute: gathering the evidence to establish it, or dismantling an exaggerated claim. The goal is always the same — the best overall result for a Wells Branch client, with fault used as a tool rather than a weapon of last resort.
Experienced advocacy when a divorce turns adversarial
A contested divorce is one of the hardest things a person goes through, and it rewards a steady, experienced hand. You work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades and has been licensed by the State of Texas since 2003. He fights for what matters to you while keeping the case focused and moving, explains every step in plain English, and keeps you informed from your first confidential consultation through the final decree.
Working with us from Wells Branch
Our office is in downtown Austin, an easy reach from Wells Branch. We handle most consultations and case updates by phone and video, and there is no fee for your first confidential consultation. If travel is difficult, we can meet by video.
Why clients choose SMB Law, PC
Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
A clear strategy — we fight where it counts and settle where it makes sense.
Honest advice and transparent fees explained before you commit.
What working with us looks like
Confidential consultation to understand your goals and the law that applies.
Strategy and records tailored to your situation.
Negotiation or court — we settle when we can and litigate when we must.
Final decree entered correctly so you can move forward.
Frequently asked questions
Does Texas require a reason to divorce?
No. Texas allows a no-fault divorce on the ground of insupportability, and most divorces proceed this way.
Can fault affect the divorce outcome?
Yes. Proven fault like adultery or cruelty can support an unequal property division and can matter in decisions about the children.
Is it worth alleging fault?
It depends. Fault can help in the right case but adds cost and conflict and must be proven, so it should be a strategic decision.
Do I have to travel to your office from Wells Branch?
No. Our downtown Austin office is about 12 miles south via I-35 and Mopac, and we handle most of a Wells Branch divorce remotely.