When a marriage ends, it is helpful to understand the legal reasons that can be used when filing for divorce. These reasons can shape how the case moves forward. Knowing the options can help people feel more confident when they speak with an attorney.
In the video, Atty. Heather Ogier of Turner-Monahan PLLC talks about the different legal grounds for divorce in Texas and how those reasons can affect the outcome of a case. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Legal Grounds for Divorce
Texas is a no-fault divorce state. This means a spouse does not have to prove that the other person did something wrong in order to get divorced. Most divorces in Texas are filed using a no-fault ground called insupportability. Insupportability means the marriage can no longer continue because of conflict or disagreement that cannot be resolved. Even though fault-based grounds exist, they are not required to legally end a marriage in Texas.
Fault-Based Legal Grounds
There are also legal grounds for divorce that are based on fault. For example, someone can file for divorce because of adultery. Another ground is cruel treatment. A lot of times, if there has been an abusive spouse, then we are going to file based on cruel treatment. There is also waste. Waste can occur when one spouse uses or spends community property in a harmful or irresponsible way.
Grounds that may affect financial rights
Some legal grounds can affect financial rights between spouses. For example, if one spouse’s actions caused major harm to the community property or finances, the court can consider that. The judge may decide that the other spouse should receive a larger share of the assets because of the damage that was done.
Grounds that may affect child-related decisions
If a divorce includes children, certain legal grounds may play a role in conservatorship and visitation decisions. If there has been cruel treatment, abuse, or harmful behavior, the court will look closely at how that impacts the safety and well-being of the children. These facts can influence who makes major decisions for the children and how time is shared.
How These Grounds Impact Your Case
These different legal grounds for divorce may impact the case depending on the facts and the reasons for needing the divorce. Every situation is different. The reasons behind the divorce can affect how property is divided, what happens with children, and what the judge considers at the end.
Proof and evidence in fault-based claims
When someone files for divorce using a fault-based ground, the court usually needs proof. Text messages, photos, financial records, and witness statements can all become important. Even though the process can feel emotional, strong evidence can help support the claims being made.
Why Legal Advice Matters
At Turner-Monahan, we understand that each case has its own story. We are here to listen to your facts and guide you on the legal grounds that fit your case and support you moving forward.
What does the Texas Family Code say
The Texas Family Code lists the legal reasons a marriage can end and how the court should decide important issues.
Section 6.001 explains insupportability as a legal ground for divorce. It allows a marriage to end when conflict has destroyed the relationship, and there is no expectation of saving it.
Section 6.002 allows for divorce based on cruelty if the behavior of one spouse makes living together unsafe or unbearable.
Section 6.003 covers adultery and how it can be used as a legal ground if a spouse has been unfaithful.
Section 7.001 says the court should divide property in a way that is just and right. This means fault in the breakup of the marriage may be considered when the judge decides who receives which assets.
Consult with a family law attorney to review your situation and ensure your inheritance remains secure under Texas law.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Understanding these legal grounds can help someone feel more prepared before making any decisions about ending a marriage. Every case is personal, and the right path depends on the details. Speaking with a family law attorney can help you move forward with the guidance and support you need.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Can Parents Establish a New Normal That Prioritizes Their Children?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
