July 24, 2015 | Share
Grounds for Divorce in Texas
In Texas, there are seven grounds for divorce. The decision to divorce is a serious one. For some, it’s a choice laden with inner searching and multiple attempts at conflict resolution, while for others, it’s a suddenly apparent necessity for peace or personal protection. When you work with one of our Frisco divorce attorneys, we will help you determine which ground is most appropriate for your case.
This cause is particularly common. It simply means that the marriage is no longer able to be continued because of differences that cannot be resolved. Maybe you’ve tried counseling or maybe you’ve just tried to compromise too many different ways. The bottom line is that you two do not see eye-to-eye and can’t find a way to get along and fulfill your marriage vows because of the disagreements.
Adultery is when one spouse has a sexual relationship outside the marriage. Simply put, this is known as cheating. If one spouse cheats, the other spouse may use this as grounds for divorce. If both spouses have cheated, this can still be grounds for divorce, although expect that the next aspects of the divorce — decisions about property division, spousal support or child custody — may be colored by these mutual accusations.
This ground describes abusive behaviors, like name-calling, taunting, insults, physical attacks, hiding, withholding or blowing through money in order to create an environment of fear and control, unexplained absences, blatantly dating someone else or manipulating or physically abusing children.
In instances of physical abuse, seek the appropriate support, safety and protection immediately. No one should have to stay with an abuser. Contact your local police department or our offices immediately if you are being physically abused.
4. Living Apart
A simple way to divorce is to live apart for three years. You may need to prove you were living apart by maintaining records of rent or mortgage bills in your name only or by presenting utility bills. Be aware that this may not suffice on its own since some utilities only put one person on the bill anyway. Discuss with your attorney how to show that you have lived without cohabitation for the required time period if this is the best ground for you to assert.
The reasons for abandonment — alcoholism, avoiding parenting, mental illness or simply not wanting to be there — are not always important to the court, unless a spouse suddenly shows up to contest the divorce. The cornerstone of abandonment is that a spouse left with the intention of abandoning you and did not return for at least one year.
6. Conviction of a Felony
If, during the marriage, your spouse was convicted of a felony and imprisoned for at least one year in Texas or elsewhere without pardon, you may divorce the person. The exception to this rule is if you provided testimony that helped convict the person, because that would indicate a conflict of interest.
7. Confinement in a Mental Hospital
Your spouse’s confinement to a state or private mental hospital for three years is grounds for divorce as long as it appears he or she will not get better or if he or she does, relapse is probably.
When you are ready to begin your divorce in Collin, Denton or neighboring counties, please contact Nordhaus Walpole PLLC for assistance.
Categories: Family Law & Divorce