Divorce is a complex and emotionally charged process that marks the end of a marriage. In Texas, understanding the legal grounds for divorce is crucial for anyone considering this significant life change.
This article will delve into the various grounds for divorce recognized in Texas, drawing from the Texas Family Code to ensure accuracy and relevance.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Grounds for Divorce in Texas
When couples face problems in their marriage that they can’t overcome, divorce might seem like the only way out. In Texas, there are certain reasons, or “grounds,” that allow someone to file for divorce. These reasons are part of what’s known as the Texas Family Code. At Turner-Monahan, PLLC, we have years of experience in family law and are here to help people understand these grounds and fight for their rights.
No-Fault Vs. Fault-Based Grounds
In Texas, divorce reasons fall into two categories: no-fault and fault-based. No-fault divorce doesn’t require blaming either spouse, focusing instead on irreconcilable differences that have made the marriage insupportable.
Fault-based divorce, however, is filed under specific accusations against one spouse, such as adultery or cruelty, which directly contributed to the breakdown of the marriage. Understanding the difference between these grounds can influence the approach and outcomes in a divorce case.
- Insupportability
The law (Texas Family Code §6.001) says a marriage can end if it becomes too hard to bear because of serious disagreements or personality clashes that ruin the marriage and leave no hope of fixing things. This reason is common because it doesn’t require showing that one spouse did something wrong, making the divorce process simpler.
- Cruelty
Section 6.002 of the law covers cruelty, which means one spouse treats the other so badly that they can’t live together anymore. This could be through physical harm, emotional or psychological abuse, or any other kind of harsh treatment. Proving cruelty can greatly affect divorce, especially when it comes to dividing property and deciding who gets custody of children.
- Adultery
Adultery is when a married person has a romantic relationship with someone else (§6.003). To prove this, you might need clear evidence, like messages or photos or strong hints that suggest an affair. Proving adultery can impact how things like property and money are shared in the divorce.
- Conviction of Felony
If one spouse has been found guilty of a serious crime and sent to prison for at least a year (§6.004), the other spouse can file for divorce. This reason doesn’t apply if the spouse filing for divorce helped get the conviction.
- Abandonment
This happens when one spouse leaves the other with the plan to abandon them and doesn’t come back for at least a year (§6.005). The spouse who wants to divorce must show that the other left on purpose and stayed away long enough.
- Living Apart
If spouses have lived apart for at least three years, they can divorce for this reason (§6.006). This shows they have chosen to live separate lives, signaling the end of their marriage.
- Confinement in Mental Hospital
If a spouse has been in a mental hospital for at least three years right before the divorce is filed, and it seems unlikely they will get better (or they might get worse again), this can be a reason for divorce (§6.007). This recognizes the tough situation where one spouse’s serious mental health issues make a healthy marriage impossible.
Discuss Your Case With Turner Monahan, PLLC
Understanding why you can file for divorce and what you need to show can be tricky. Turner-Monahan, PLLC has skilled family law attorneys who can guide you through these complex issues. We work closely with each client, protecting their rights and interests based on their unique case.
No matter the reason for your divorce, we are here to offer the support and legal help you need during this challenging time. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
