Considering a Divorce in Texas?
Individuals in some states may find that filing for divorce is relatively easy. In Texas, a dissolution of marriage needs to be based on a valid factor or set of circumstances to be granted. In Texas, there are seven grounds for divorce. This article will review each of those briefly so you can determine what category your divorce may fall under.
Cruelty is Grounds for Divorce in Texas
Grounds for cruelty as a reason for divorce consist of one spouse willfully and consistently causing pain or suffering to the other spouse. As the term “cruelty” is subjective, this may produce varied results between couples. What may be deemed cruel to one spouse may not seem cruel to another.
In some cases, testimony from an eye-witness to the cruelty may be necessary, or documentation gathered through a private investigator to provide evidence of cruelty by one spouse. Minor disagreements or disputes will not qualify. Consistent and willful infliction of unnecessary mental or physical cruelty must be present and valid.
Felony Criminal Conviction
If, while married, your spouse is convicted of a felony and has not been pardoned, this is typically sufficient grounds for divorce. If your spouse has spent at least one year incarcerated at the state or federal level, it may be grounds for divorce.
It is important to note that if a spouse’s testimony was used to convict the other spouse, this might not qualify as grounds for divorce. Each case will be examined separately, regarding how the spouse was convicted of a felony and whether or not the spouse who files for divorce played an active role in the felony conviction.
Adultery in a Texas Divorce
As with most states, providing clear and valid proof that your spouse was committing adultery is grounds for divorce in Texas. Ways to effectively prove adultery can include receipts, communication, loans, expensive gifts, and more. Suspicion of adultery will not suffice as grounds for divorce.
Furthermore, acts of adultery, even after the divorce has been filed, can still affect divorce findings. For example, suppose one spouse files for divorce, which has not yet been finalized, but a spouse has moved on to a new relationship. In that case, this relationship may affect the court findings, so it is best to wait to move forward with another relationship until the dissolution of the marriage is finalized.
Living Apart of Abandonment
If a couple has lived apart consecutively for at least three years, this may be grounds for divorce. It is essential to reflect that during the three years, the couple has remained apart and has not cohabitation.
If one party of the couple has chosen to move away and abandon the other spouse, with no intention of moving back in, this can be grounds for divorce. As with living apart, if there is cohabitation during the period of one year, this may not be grounds for divorce. If it is found that one spouse for a continuous one-year period has abandoned the other spouse with no intention to return, it may be used as grounds for a divorce.
Confinement in a Mental Hospital
If one spouse is confined to a state or private mental hospital for at least three years, the other spouse may have grounds for divorce. Evidence can be provided showing that recovery is unlikely or that relapse is probable for further proof of a necessary divorce. The spouse does not need to be confined to a hospital in Texas for this to apply.
Insupportability Grounds for Divorce
If none of the above grounds for divorce apply, but neither party wants the marriage to continue, insupportability may be used as evidence for divorce. Insupportability is defined by code 6.001 of Texas Family Law as “on the petition of either party to a marriage, the court may grant a divorce without regard to fault if 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.”
Insupportability is available for couples that want an amicable split or to go their separate ways as they can no longer reconcile their differences. Whether the couple grew apart, cannot communicate without arguing constantly, or for other reasons, insupportability can be named as grounds for the divorce petition.
How Can a Family Law Attorney Help Me?
Divorce is not uncommon and doesn’t have to be incredibly challenging. Working with an experienced family law attorney who can become a fierce advocate for you is imperative to move forward. Regardless of the grounds for divorce, several vital aspects may affect your life during and after your divorce.
Division of assets, alimony, child support or custody, and more are all topics of concern to most couples considering a divorce. How you are presented while navigating your divorce is essential to moving forward efficiently and stepping into your new life with confidence that you left nothing on the table.
We have helped countless clients to ensure their future is protected during and after a divorce. With multiple years of experience and a necessary dedication to our clients, we offer an invaluable perspective to our clients during this chapter of their life. Divorce can trigger intense emotions on both sides, and it helps to have an outside professional perspective as an experienced and strong advocate on your side.
Call our office at (254) 323-5506 to learn how we can best assist you.