Marriages break up for a variety of reasons. Sometimes this is the result of one spouse’s actions and other times the desire to separate is mutual. The state of Texas recognizes both of these situations in law, allowing for both at-fault and no-fault divorces. With Harris County divorce rates at almost 10%, a Houston divorce attorney is well-placed to explain the grounds for divorce recognized by the law.
What Are the Grounds for Filing for Divorce in Texas? A Houston Divorce Attorney Explains
No-Fault Grounds
Insupportability
Insupportability is the most common ground for divorce in Texas. It is a term that means that the parties both consider that they cannot continue in their marriage and do not think that they will be able to resolve their issues and reconcile. This no-fault ground does not require proof of wrongdoing by either spouse and is often used to simplify and expedite the divorce process. Learn more about how that works here.
Fault-Based Grounds
In addition to no-fault grounds, Texas recognizes several fault-based grounds for divorce. These require proof of specific misconduct by one spouse, which can influence the division of property, alimony, and child custody arrangements.
Adultery
Adultery is defined as voluntary sexual intercourse by a married person with someone who is not their spouse. In a divorce based on adultery, the spouse alleging the adultery must provide evidence, such as photographs, messages, or witness testimony.
Cruelty
Cruelty involves willful, persistent, and severe ill-treatment that makes living together insupportable. This can include physical violence, emotional abuse, or any other conduct that inflicts severe mental pain or suffering. Like adultery, proof of cruelty can affect property division and alimony.
Abandonment
Abandonment occurs when one spouse voluntarily leaves the other intending to abandon them and remains away for at least one year. The abandoned spouse must show that the absence was voluntary and without consent.
Conviction of a Felony
If a spouse is convicted of a felony and has been imprisoned for at least one year, the other spouse can file for divorce on these grounds. The convicted spouse must not have been pardoned, and their conviction should not be based on the testimony of the other spouse.
Living Apart
If spouses have lived apart without cohabitation for at least three years, either spouse can file for divorce on these grounds. This no-fault ground requires proof of continuous separation and can simplify the divorce process, particularly when there is no significant dispute over assets or custody.
Confinement in a Mental Hospital
A divorce can be granted if one spouse has been in a state or private mental hospital for at least three years and medical professionals agree that recovery is unlikely, or if it is possible, that a subsequent relapse is probable. This ground requires medical evidence and can have a significant impact on the divorce proceedings, particularly in terms of spousal support and custody.
Whether you are opting for a no-fault or at-fault divorce, legal help is key. An experienced family lawyer will help you through the process of forms, filing, and serving your spouse with papers, as well as negotiating with their lawyers and representing you.
Keep up-to-date with breaking news and updates on Usatechmagazine.com/
