Divorce is common in Texas – just like in any other state – and the Lone Star State has its own laws and procedures you must follow in a divorce. If you find yourself contemplating divorce, you can always benefit from the help of an experienced divorce attorney.
How To Obtain Divorce in Texas
To obtain a divorce in Texas, you must state and provide evidence to prove a specific ground for the divorce. There are seven grounds provided under Texas law from which you must choose based on the facts and circumstances in your case.
The state groups these grounds into two categories: fault or no-fault. Which you choose will have a significant impact on your divorce case, including the evidence you will need to provide. This is the stage where it is critical to talk to an experienced divorce attorney to explain to you about your rights and what you may need to do.
The Difference Between a Fault and No-Fault Divorce
There is a big difference between a fault and a no-fault divorce. For one, a fault divorce usually requires the person asking for the divorce to prove with sufficient evidence that the other spouse engaged in specific conduct and is to blame. However, in a no-fault divorce, there is no blame that is assigned to either party. You must only state that the marriage is unsupportable.
While going with a no-fault divorce may seem at first to be the easiest path, showing fault-based grounds can help to protect your rights in other aspects of your divorce case. For example, in a fault divorce, a judge may choose not to award spousal support because of infidelity or might consider domestic violence allegations when determining child custody. This is an example of why it is critical to carefully consider which grounds to choose.
Fault Grounds for Divorce in Texas
A fault divorce requires the spouse seeking the divorce to prove that the other spouse has done something wrong. The following are some specific fault-based grounds to select from.
Cruelty as grounds for divorce in Texas is defined as willfully causing pain or suffering to a spouse. The cruelty must be so bad that it is impossible for the couple to continue living together as a married couple.
Adultery means “the voluntary sexual intercourse of a married person with one who is not the husband or wife of the offender.” If a spouse has proof that the other spouse has had an affair, that is enough grounds for divorce in Texas.
Abandonment could be grounds for divorce if one spouse has voluntarily left the one seeking divorce and the abandonment must have been for at least one year.
Seek Answers from a Sugar Land, TX Divorce Lawyer
Choosing the right grounds for divorce is only the beginning of the process, and you should have the help of the right Texas divorce attorney. If you need more information, please contact the office of Jamie Jordan, PLLC for a consultation.