If you’re considering filing for divorce in Texas, it’s important to understand the legal reasons one party might cite when petitioning to end their marriage. Texas law provides several reasons, called statutory grounds, that justify a divorce. These grounds range from living apart to serious issues like cruelty and abandonment. Understanding these legal justifications can help you make informed decisions about how you approach your case.
BB Law Group PLLC in The Woodlands can help you identify the appropriate grounds for divorce in your situation and manage all the legal work involved in dissolving your marriage. We’re here to see that you have the legal and emotional support you need during this difficult time.
Understanding Grounds for Divorce in Texas
In Texas, you must meet one of the seven legally recognized grounds for divorce in the Texas Family Code to end your marriage. These grounds fall into two categories: no-fault grounds and fault-based grounds.
Citing no-fault grounds for divorce means that neither you nor your spouse did something wrong to cause the end of the marriage. You might cite one of the no-fault grounds for divorce if you and your spouse grew apart but no one mistreated the other.
Fault-based grounds for divorce imply that one or both spouses mistreated the other in some way, leading to the end of the marriage. For example, you might file for a divorce citing fault-based grounds if your spouse cheated on or abused you.
The distinction between no-fault and fault-based divorce matters because, if you can demonstrate that your spouse mistreated you under one of the grounds for a fault-based divorce, it can affect some aspects of your divorce, such as the division of marital assets or child custody decisions. Knowing what grounds to cite in your divorce is vital, and an experienced attorney can help you identify the appropriate grounds for your situation and desired outcome.
No-Fault Grounds for Divorce
There are two possible grounds you might cite when seeking a no-fault divorce in Texas:
Insupportability
The most common no-fault ground for divorce is insupportability. This means the marriage has broken down because of disagreements or conflicts that make it impossible for the relationship to continue. If you and your spouse can’t get along and there’s no hope of fixing things, you can file for divorce on the grounds of insupportability. You don’t need to prove any specific bad behavior occurred – it’s sufficient to demonstrate that the marriage doesn’t work anymore.
Living Apart
The second no-fault ground for divorce is living apart. If you and your spouse have lived separately without getting back together for at least three years, you can file for divorce based on these grounds.
If you have maintained separate households and haven’t tried to reconcile during this period, you meet the requirements for a no-fault divorce. Both you and your spouse must provide various records to prove you were living apart, such as financial records and proof of different addresses during the three-year period.
This cause for divorce is straightforward because it focuses on the fact that the marriage has ended in practice, even if it’s not legally over. It doesn’t require proving any wrongdoing or fault by either spouse. It’s enough to show that you and your spouse have been living apart continuously for the necessary duration.
Choosing living apart as a ground for divorce can simplify the process and reduce conflict. It reflects a mutual understanding that the marriage is over and that both parties have moved on with their lives separately.
Fault Grounds for Divorce
If you want to file for a fault-based divorce in Texas, you must show that your spouse’s actions caused the marriage to break down. The five possible grounds for a fault-based divorce identified by the Texas Family Code include:
Cruelty
You can file for divorce on the grounds of cruelty if your spouse has treated you in a way that makes continuing to live together impossible. This includes any cruel treatment that makes your life unbearable. If you are facing emotional or physical abuse, cruelty can be the reason you cite in your divorce petition.
Adultery
Adultery is another ground for a fault-based divorce. If your spouse has been unfaithful, you can use this as a reason to file for divorce. You’ll need to provide evidence of the affair to support your claim.
Conviction of a Felony
If your spouse has been convicted of a felony and has been in prison for at least a year without being pardoned, you can file for divorce based on these grounds. The conviction must have occurred during the marriage, and you cannot have testified against your spouse to secure the conviction.
Abandonment
In Texas, abandonment is grounds for divorce when one spouse leaves the marital home without the intention of returning and remains absent for at least one year. This must be coupled with evidence that the departing spouse intended to abandon the marriage permanently. It can impact divorce proceedings and asset division.
Confinement in a Mental Hospital
You can file for divorce if your spouse has been confined in a mental hospital for at least three years and their mental disorder is such that recovery is unlikely or a relapse is probable. Mental incapacitation means that the affected spouse cannot function normally in daily life and requires long-term care. This condition makes it extremely difficult for the marriage to continue, as the incapacitated spouse is unable to fulfill their marital responsibilities.
The Impact of Grounds on Divorce Outcomes
The primary way your choice of grounds matters in a Texas divorce is that a divorce based on fault can impact issues like the division of marital assets and child custody decisions. For example, Texas typically uses the community property model for dividing assets in a divorce. This means that both spouses get an equal share of any assets either spouse acquired during the marriage. However, if you can show your spouse committed adultery, treated you cruelly, or met one of the other conditions for a fault-based divorce, you could get a greater share of the marital assets.
At the same time, seeking a fault-based divorce can complicate the legal process and the potential outcomes. You must provide evidence of your spouse’s actions to justify a fault-based divorce, which can make for a more contentious legal process. If you want a smoother and faster legal process, you might consider filing for a no-fault divorce even if you have cause for a fault-based divorce. A knowledgeable attorney can help you weigh your options and choose the right path.
Common Misconceptions About Divorce Grounds
One common myth about divorce grounds in Texas is that you always need to prove fault, like adultery or cruelty, to get a divorce. In reality, Texas allows for no-fault divorces, where you can file on grounds like insupportability or living apart without demonstrating any wrongdoing.
Another misconception is that proving fault will always result in a better outcome in the divorce settlement. While fault can sometimes affect decisions on property division or alimony, it doesn’t guarantee a more favorable result. Courts consider many factors when making these decisions.
Some people also believe that you must live separately for a long time before filing for divorce. While living apart can be grounds for no-fault divorce, it’s not necessary if you’re filing based on other grounds like insupportability or fault-based reasons.
Choosing the Right Grounds for Your Divorce
The right grounds for your divorce depend on the specific elements of your situation. If you want a quick, amicable divorce, choosing no-fault grounds might be the better option even if you have cause for a fault-based divorce. On the other hand, if you have significant marital assets, you’re worried about your spouse having custody of your children, or there are other substantial issues involved in your divorce, pursuing a fault-based divorce might be worthwhile. It’s important to weigh all the facts, and your lawyer can help you choose the right approach for your needs and desired outcome.
Texas Residency Requirements for Divorce
To file for divorce in Texas on grounds other than insupportability, you must provide substantial evidence and meet specific requirements. At least one spouse must have lived in Texas for six months and in the filing county for 90 days. If a couple moved from Texas within two years of filing, this rule does not apply if both parties have lived separately since their move. Military servicemembers are considered Texas residents if they have been stationed in the state for at least six months or are in active-duty service.
How Our Divorce Lawyers in The Woodlands, TX, Can Help You
It’s always critical to get skilled legal help when filing for divorce in Texas. The divorce attorneys in The Woodlands at BB Law Group PLLC can help you with the necessary paperwork to file for divorce, gather evidence to prove fault (if applicable), and represent you during any court appearances or mediation. We can also provide emotional support as you work through this difficult time.
Our team is standing by to listen to your story and protect your rights throughout the divorce process. Contact BB Law Group PLLC online today or call us at (832) 534-2589 for a consultation to begin discussing your legal options.