Divorce

 

Grounds for Divorce

In Texas, there are two types of grounds for divorce, no-fault and fault-based. A no-fault divorce simply states that the marriage has become insupportable because of discord and conflict, which destroys the legitimate ends of the marriage relationship, and prevents any reasonable expectation of reconciliation. A fault-based divorce alleges the divorce was caused by the behavior of the other spouse.

The Texas Family Code lists the grounds for divorce as Insupportability (no-fault), Cruelty, Adultery, Conviction of a Felony, Abandonment, Living Apart and Confinement in a Mental Hospital.

Very few divorces are filed using fault-based grounds. One reason is that a Petition for Divorce is a public document, and most couples do not want for their private marital issues to be on display. At the end of a divorce, the parties can ask the court to seal the record so the details of the divorce are no longer available to the public.

Conviction of Felony

A divorce may be granted if the other spouse has been convicted of a felony, has been incarcerated for at least one year, and has not been pardoned. However, a divorce may not be granted based on conviction of a felony if the spouse was convicted by the testimony of the other spouse.

Confinement In A Mental Hospital

Divorce may be granted if one spouse has been confined in a state or private mental hospital for at least three years and is not likely to adjust, or, if the spouse adjusts, will probably suffer a relapse.

Abandonment

Divorce may be granted on the grounds of abandonment if one spouse leaves with the intention of abandonment and remains away for at least one year.

Cruelty

Divorce may be granted if one spouse is guilty of cruel treatment towards the other spouse. Cruelty must rise to a level above trivial disagreements and must be of a nature that is insufferable or intolerable.

Insupportability

Divorce may be granted as no-fault due to irreconcilable differences without the expectancy of reconciliation.

Adultery

Divorce may be granted due to adultery or infidelity committed by the other spouse.

Living Apart

If you and your spouse have lived apart for at least three years, divorce may be granted.

What is the Difference Between Dissolution & Divorce?

Our language is always evolving, and although the law has very stable technical terms and definitions, the way we speak about things and convey ideas to each other causes technical meanings and usage to become more informal and a little blurred. Dissolution and divorce are just different words currently used to describe the same action (getting divorced) because “divorce” (as a noun or “thing”) has been converted by common usage to act as a verb or action word.

So, the correct term when a judge declares the marriage is over is that the marriage is “dissolved”. And when someone says that they are getting a “divorce” they really mean that they are in the process of dissolving their marriage and at the end of the process, they will receive a Final Decree of Divorce.

These people are like family to me. They moved around so much to accommodate me, stuck through the tough times, made room to laugh and have fun, and most importantly ensured that my rights as a father were well protected. The only bad part about my drama being over is seeing less of these folks.

– V.S.