The words ‘grounds for divorce’ are not words that most married people want to hear associated with their lives. The unfortunate truth is that approximately half of Americans that choose to get married will at some point be faced with the prospect of divorce.
Once it is apparent to an individual in Texas that the divorce process is imminent, it is important that a Texas divorce attorney is consulted to help with understanding the seven grounds for divorce that are described in the Texas Family codes. It should be noted that the first three grounds for divorce discussed below is designated as no-fault grounds for divorce. This means that neither party to the marriage is considered to be responsible for the dissolution.
Insupportable
When a marriage is insupportable the term irreconcilable differences is often used. The standard of proof for an insupportable marriage is the presence of a personality conflict between the married couple that effectively destroys the relationship and causes it to become very unlikely that a reconciliation can be reached. This is the most common reason cited in divorce proceedings in Texas.
Separation
An individual that has not cohabitated with a spouse for a period of three years or more in the state of Texas may find that they meet the standard for a ‘living apart’ grounds for divorce.
The living apart grounds for divorce in Texas can guide a divorce court’s decision regarding the division of property. For example, an individual who has had no contact with an estranged spouse for nearly a decade will more than likely be granted the property in his or her possession by a judge.
Confinement In A Mental Hospital
The three year period is also standard for individuals whose spouse has been declared to be mentally incompetent. The complete set of criteria is that a person must be confined to a mental hospital for a minimum of three years, the severity of the confined spouse’s affliction must be to a degree that makes it unlikely that a recovery can be attained, and it must be established that in the event the condition is reversed, a relapse is likely.
It is important to note that this provision is also in place to protect the interests of the confined individual in regards to division of property. The court in most cases will appoint a guardian to manage the property of the confined.
Cruelty
The grounds for establishing cruelty in the state of Texas is the demonstration that one party to a marriage has treated the other in such a way that makes living together become insupportable. The vagueness of the term cruelty has caused many issues with the courts as much is left to the interpretation of the judge in divorce presiding over proceedings. For the most part, this cruelty is defined as the willful and persistent infliction of physical or mental suffering on the other party.
Adultery
This one is simple and straightforward. In Texas, an individual that can prove to the court that their spouse has been unfaithful can use this as a grounds to file for divorce. A fact to remember is that adultery committed after a divorce petition is filed, even when the couple is no longer cohabitating, can support the use of adultery as grounds for divorce.
Felony Conviction
A married person can use a spouse’s conviction as the basis of a divorce filing if their spouse has been convicted of a felony offense and has been in jail or prison for a full calendar year.
Abandonment
Two distinct criteria are necessary to establish the use of abandonment as the grounds for divorce in Texas. First, The abandonment must prove to be beneficial, and secondly, it must take place for at least a year.
In Conclusion
The complexities of divorce law in Texas can be taxing on the mind that is already enduring the stress of dealing with the prospect of losing a relationship that was expected to last for a lifetime.
It is wise in these situations for individuals facing divorce to seek guidance from a skilled Texas divorce attorney with expertise in these matters. In Texas, one could do no better than to reach out to the Law Offices of David Kohm.
Call our law offices today at any of our convenient locations and get a free consultation.
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