Grounds for Divorce in the state of Texas

Posted by brian on February 7, 2020
Cedar Park Divorce Lawyer

Divorce naturally comes with many questions. If you are thinking about filing for divorce, you may be wondering if you have to give a reason for doing so and what reasons are acceptable. Under Texas Family Code, Texas is both a no-fault and a fault state, which means in some circumstances, you might want to give a reason for filing for divorce. Likewise, if your spouse files for divorce, they might provide a reason. When you hire a skilled Cedar Park divorce attorney, you can learn about what grounds are acceptable for divorce and determine which one best fits your situation or if a no-fault divorce is appropriate.

What is the Difference Between Fault and No-Fault Divorce?

In a no-fault divorce, the spouse who files does not have to prove that the other spouse did anything to cause them to want the divorce. Usually, a no-fault divorce is based on the grounds of irreconcilable differences or an irreparable breakdown of the marriage. The other spouse cannot object to the petition of divorce or no-fault reasons given.

Fault divorces are less common. Most states no longer allow them, although Texas does. In a fault divorce, the spouse who files will need to state the grounds for which they are filing. One benefit of a fault divorce is that the spouses do not have to live apart for a set amount of time before one of them files for divorce. Also, if the filing spouse can prove fault, they may often receive a more extensive distribution of the marital assets.

Acceptable Reasons for Divorce in Texas

When you discuss your case with a divorce attorney in Cedar Park, they will ask details about your marriage and why you want a divorce. They may also ask about the conduct of your spouse. These questions will help them to determine if you should file a fault divorce and which of these reasons for divorce best fits your case:

  1. Cruelty
  2. Adultery
  3. Felony (one spouse is convicted of a felony and will be in prison for at least one year)
  4. Abandonment by the spouse for at least one year
  5. Separation and not living together for at least three years
  6. Confinement to a state or private mental hospital

When you file a fault divorce, you are stating that your spouse’s actions and misconduct caused the end of your marriage. If they don’t agree, your spouse can contest the divorce based on your grounds. You must be able to prove their misconduct by providing testimony and evidence. Your attorney can help you gather what you need to prove your reason for divorce.

Schedule a Consultation with an Experienced Cedar Park Divorce Lawyer

When you or your spouse has decided that your marriage is over, we will be here for you. You likely have several questions and need to know what steps to take to initiate and complete your divorce. We anticipate your questions, explain the divorce process in Texas, and present you with your available options.

Schedule your consultation with a divorce lawyer in Cedar Park at the Jackson Law Firm today to find out which type of divorce is best for you. Contact us by phone at (512) 960-2013 or online.

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