Married couples contemplating divorce often wonder what level of fault must exist for the Court to grant a divorce. Texas, like many other states, provides numerous "fault" grounds for divorce, and also provides for "no-fault" divorce.
WHAT ARE THE "FAULT-GROUNDS" FOR DIVORCE?
The most common and well-known fault-ground for divorce is adultery, meaning that if a spouse can prove that his/her spouse has committed adultery, the Court has authority to grant a divorce.
Other lesser known fault-grounds for divorce include (1) cruel treatment of a nature that renders further living together insupportable, (2) a spouse's conviction of a felony and imprisonment for at least one year, (3) abandonment of a spouse for at least one year, (4) living apart for at least three years, and (4) a spouse's confinement in a mental hospital for at least three years, where the mental disorder is of a degree and nature that adjustment is unlikely, or relapse is probable.
WHAT IS A "NO-FAULT" DIVORCE?
In addition to having authority to grant a divorce based on one or more of the fault grounds listed above, a Texas court can grant a divorce even without a showing of any fault at all. Specifically, the spouse may obtain a divorce upon a showing that "the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship, and there is no reasonable expectation of reconciliation".
If you're considering a divorce, you don't have to navigate the process alone. Spouses deserve to have quality representation to guide them through the maze. Christiansen Law Firm assists individuals to secure favorable outcomes in divorce cases. The family law attorneys of Christiansen Law Firm have extensive experience in divorce matters, having represented over a thousand people in divorce cases and other family law matters over the past 19 years. Contact Christiansen Law Firm in Houston or San Antonio to schedule a free consultation.