When a couple files for divorce in the State of Texas, they must state a reason for requesting a dissolution of their marriage. Because there are a number of acceptable reasons that can be used as a basis for requesting a divorce, understanding the various grounds and how each is applicable is important. The grounds for a divorce can affect things like marital property, child custody, and other important factors in a variety of ways. This is why anyone seeking a divorce should work with an experienced divorce attorney. Working with a knowledgeable lawyer helps divorcing couples understand the various grounds for divorce and which one is best for the individual circumstances.

The Difference Between Fault and No-Fault Divorce

With a no-fault divorce, both sides agree that the dissolution of the marriage is not due to the inability of both parties to make the marriage work rather than it being the fault of one marriage partner. No-fault divorce is usually the easiest way to file, especially when divorcing couples are able to agree on the division of marital assets and even child custody plans.

At fault divorce is when one party seeks divorce on specific grounds based on the behavior of the other party. There may not be agreement on the divorce and the division of marital assets. Child custody and support is often a more involved issue in an at-fault divorce. Grounds in an at-fault divorce must be proven in court before such a divorce can be granted. Divorce attorneys assert that spousal support and other responsibilities of one spouse to the other may also apply. At-fault divorces that claim more serious grounds for dissolution should be carefully considered due to the many conditions and circumstances that may apply.

Seven Grounds for Divorce in Texas

Attorneys who deal with family law confirm that the state of Texas recognizes the following grounds for divorce. Of all the various grounds, only insupportability is accepted as no-fault:

  1. Insupportability - This are the only no-fault grounds based on the mutual inability to sustain a marriage due to disagreements or other differences that cannot be resolved.

  2. Cruelty - This is the cruel treatment of one spouse by the other that is no longer bearable.

  3. Adultery - This is when one spouse has committed adultery during the marriage.

  4. Conviction of Felony - This is applicable when one spouse is convicted of a felony during the marriage and is imprisoned for a year or more in a State or Federal prison.

  5. Abandonment - These grounds apply when one spouse leaves the other for a year or more with the intent of abandonment.

  6. Living Apart - For this to apply, both spouses must live apart without cohabitation for three years or more.

  7. Confinement to Mental Institution - This can apply when one spouse has been confined to a mental hospital for three years or more at the time the divorce is file and it is assumed the condition will not improve.

While not every divorce in Texas requires that a person hire a lawyer, most couples seeking divorce on any grounds other than no-fault should retain an experienced divorce attorney. Each of the various grounds for divorce comes with its own requirements and repercussions, which must be carefully considered before actually filing for divorce. It is important for anyone considering a divorce to discuss their individual circumstances with a divorce lawyer for the best possible resolution.

Garza & Elizondo, LLP

Downtown Brownsville
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

North Brownsville
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
(956) 202-0067

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