No one wants to have to go through a divorce, but unfortunately, sometimes it is necessary for the emotional wellbeing of the parties involved. If you are considering filing for divorce, it is important that you know the basics of divorce law in Texas, including understanding the legal grounds for divorce. Your first step should be to contact a divorce lawyer in Houston for legal advice, as the outcome is going to play a very significant role in your post-divorce life. Together, you and your attorney can determine the reason for the divorce, which will directly affect the end results.
Determining the Type of Divorce
The state of Texas recognizes both “fault” and “no-fault” divorces. In the case of a no-fault divorce, it is unnecessary for either party to prove any marital misconduct. In a fault divorce, the person alleging fault must prove the elements of the allegations.
Fault or No-Fault
In a fault divorce, the innocent spouse may be eligible to receive a larger portion of the community estate. It is important to speak to your divorce lawyer in Houston about your specific situation in order to proceed properly. There are 7 different grounds for divorce:
1. Insupportability – This is a no-fault divorce. Insupportability simply means that there has been some sort of disagreement, an unresolvable difference in opinion, conflict of interest, clashing personalities, or anything else that makes reconciliation impossible, including simply not getting along. No fault divorces based on insupportability are the most common type of divorce.
2. Adultery – When one of the spouses has been unfaithful, the other can file for divorce based on the grounds of adultery. If an extramarital affair does occur, it is important o gather as much evidence as you possibly can in order to prove that your allegations are true. It is also important to discuss adultery with your spouse. If your spouse admits to adultery, you may testify to his admission in court.
3. Cruelty – If one spouse treats the other in a cruel manner, the court may rule in favor of the abused spouse. Again, be sure to gather evidence of mistreatment if possible. Pictures, witness testimonies, and anything else that supports your case is beneficial to have. Cruelty can take the form of physical or mental abuse that makes living together impossible.
4. Abandonment – If one spouse left the other for over 1 year, the abandoned spouse will be eligible to file for divorce on these grounds.
5 Living Apart – The judge may rule in favor of either spouse if they have lived apart for at least 3 years without any cohabitation.
6. Conviction of Felony – One spouse may find favor with the judge if the other spouse has been convicted of a felony during the marriage, and spent at least 1 year in a federal or state penitentiary. If one spouse was convicted based on testimony from the other spouse, the court may not grant a fault divorce.
7. Confinement in a Mental Hospital – If one spouse has spent at least 3 years in a state or private mental health facility, the court may rule in favor of the petitioner.
Contacted a Reputable Attorney
If you believe that you have reasonable grounds for a divorce, or if you just need more information, contact a divorce lawyer in Houston. Attempting to go through the divorce procedure without a divorce lawyer in Houston can be extremely difficult, and taking a risk with such an important aspect of your life is never a good idea. Contact Ramos Law Group, PLLC today to learn more about the grounds for divorce in Texas.