In many states, for a Judge to grant a divorce, a spouse must show some type of fault in the other spouse to justify the divorce. This week's blog will describe the legal grounds for divorce in Texas.
Texas is known as a "no-fault" divorce state. This means that in Texas, it is not necessary to show fault as a basis for divorce. Specifically, the legal basis for a "no-fault" divorce is that "the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship which prevents any reasonable expectation of reconciliation". No specific facts must be proven to meet this simple burden - one spouse's affirmative answer to this question is sufficient.
FAULT GROUNDS FOR DIVORCE
Even though the "no-fault" basis is sufficient, sometimes spouses prefer to obtain a divorce based a "fault" ground. The most common "fault" grounds include proof that the spouse committed adultery, and that the spouse engaged in cruel treatment toward the complaining spouse of a nature that renders further living together insupportable. Less common grounds include conviction of a felony, abandonment, living apart for at least 3 years, and confinement of a spouse in a mental hospital.
ADVANTAGES TO PROVING A "FAULT" GROUND FOR DIVORCE
If a spouse is able to prove fault by the other spouse, the Court may consider this proof in dividing the community property estate. In marriages with high-value assets, this can be significant.
If you're considering divorce, you don't have to go through the journey alone. Individuals need quality legal representation to ensure that their legal rights are fully protected. Christiansen Law Firm partners with individuals to secure favorable outcomes in divorce cases. The family law attorneys of Christiansen Law Firm have extensive experience in divorce proceedings, and can assist you in obtaining a divorce on favorable terms. Contact the offices of Christiansen Law Firm in Houston or San Antonio to obtain additional information.