In Texas, a couple does not simply decide overnight that their marriage is over. In fact, the two individuals will need to provide a reason for ending their marriage, which is known as the grounds for divorce. This reason will affect everything from property division to custody issues to spousal support.
"The grounds of a divorce aren’t simply 'I'm unhappy.' The grounds are the entire direction of the case. They are literally the spine of your divorce," says Matt Towson, a family law attorney in Texas at Towson Law Office, PLLC.
The following discusses what constitutes grounds in Texas, among other considerations.
Insupportability for No-Contest Divorces
In Texas, a majority of individuals will use the grounds of insupportability when filing for divorce, also referred to as a no-fault case. Essentially, this means a marriage has become unsustainable. There is an existing hostility or dissatisfaction with no chance of reconciliation between the parties. Blame games are avoided because the couple is not required to determine fault to dissolve a marriage.
This option allows individuals to avoid the hassle. This is because insupportability allows individuals to avoid going into detail about the problems and helps them keep arguments from becoming part of the process.
Sexual Infidelity
Texas takes its stand against adultery during divorce hearings very seriously. It is not enough just to have suspicions. The judges will require concrete evidence, such as screenshots from the compromising SMSs, people who witnessed the extramarital affairs, and strange charges on credit cards, which cannot be connected with the usual purchases, lodging in hotels, buying presents, and more.
The courts of Texas are unlikely to look favorably upon people who have betrayed their oath. The proof of the existence of an extramarital relationship, which became the reason for a family breakup, may result in receiving a substantial share of joint property. However, only the facts speak in this regard, rather than the claims made in the heat of anger.
Cruelty and Abuse
Cruelty, which may be physical or mental abuse, is perhaps the most obvious cause for divorce under the laws of Texas. "Cruel treatment" is defined as a situation where one spouse makes cohabitation harmful or intolerable for the other. This can include beating, making threats, insulting the other party regularly, or playing mind games, in particular.
To prove your case, you must provide certain evidence that includes photographs, documentation from the hospital, police reports, and testimony of witnesses. Judges usually take into account the circumstances of these cases, and their decisions often influence the determination of alimony, child custody, or the division of marital property.
Abandonment and Desertion
When an individual in Texas remains away from his spouse for one year or more without any intention of returning, it constitutes abandonment and provides legal grounds for divorce. However, absences of brief duration for purposes such as career, health, and psychological needs cannot be considered abandonment.
As far as the abandoned spouse is concerned, he or she must establish that the abandoning party left him or her intentionally and had no intention of coming back anytime soon. Courts take abandonment quite seriously, especially when the consequences of abandonment leave the abandoned party in a dire situation. However, courts will never categorize abandonment on account of brief absences for health- and therapy-related reasons, among others.
Get Legal Guidance
Several other reasons qualify as grounds for divorce within the state of Texas, such as criminal charges, mental incompetence, or simply being apart for a long time. Choosing the proper grounds for divorce is subjective since it is based on one's personal situation, the evidence that can be provided, and the desired outcome.
One should not attempt to file a divorce petition alone since legal assistance from a family lawyer practicing Texas divorce laws would greatly help. A strong choice is an experienced family attorney who is also empathetic toward his or her clients.
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