When it comes to divorce, Texas follows a “no-fault” policy but also allows for several “fault-based” grounds. Understanding these distinctions is essential for anyone considering a divorce in the Lone Star State. In this blog post, we’ll explore the different types of grounds for divorce in Texas and what they mean for your case.
No-Fault Divorce in Texas
The most common ground for divorce in Texas is “insupportability,” often referred to as a no-fault divorce. This means that the marriage has become insupportable due to conflict or discord, making reconciliation impossible. Neither spouse is blamed for the breakdown of the marriage. No-fault divorces are generally quicker and less contentious, as they do not require proving misconduct by either party.
Fault-Based Divorce Grounds in Texas
While no-fault divorce is common, Texas law allows for several fault-based grounds. These grounds can influence issues such as property division and spousal support. The fault-based grounds include:
- Adultery– Adultery occurs when one spouse engages in a romantic or sexual relationship with someone outside the marriage. Evidence of adultery can significantly impact the division of marital property, as courts may award a larger share to the wronged spouse.
- Cruelty– Cruelty refers to one spouse treating the other in a manner that makes living together insufferable. This can include physical abuse, emotional abuse, or other forms of mistreatment.
- Abandonment– Abandonment occurs when one spouse leaves the other with the intent to abandon and remains away for at least one year without consent.
- Conviction of a Felony– If one spouse is convicted of a felony and imprisoned for at least one year, the other spouse can file for divorce on these grounds. However, this ground is not applicable if the convicted spouse was convicted based on the other spouse’s testimony.
- Living Apart– A couple can file for divorce if they have lived apart for at least three years without cohabitation.
- Confinement in a Mental Institution– If one spouse has been confined to a mental institution for at least three years with little or no likelihood of recovery, the other spouse can file for divorce.
Why Grounds for Divorce Matter
The grounds for divorce in Texas can impact the following:
- Property Division:Fault-based grounds like adultery or cruelty may lead to a more favorable division of marital property for the wronged spouse.
- Spousal Support:Fault-based divorces can also influence whether spousal maintenance is awarded and in what amount.
- Custody Decisions:While courts prioritize the best interests of the child, fault-based issues such as cruelty may influence custody arrangements.
Filing for Divorce in Texas
Whether filing for a no-fault or fault-based divorce, it’s essential to meet Texas’ residency requirements. One spouse must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days.
Additionally, collecting evidence is crucial in fault-based cases. For example, proving adultery may require text messages, emails, or witness testimony, while cruelty may need documentation of injuries or other forms of abuse.
Conclusion
Understanding the grounds for divorce in Texas can help you make informed decisions about your case. While no-fault divorces are often simpler, fault-based divorces may provide a legal advantage in certain circumstances. If you’re considering a divorce, consult with a qualified family law attorney to determine the best approach for your situation.
Navigating divorce can be challenging, but knowing your options is the first step toward a fresh start.
Contact HLAW today for a free case evaluation and consultation.
