The grounds for divorce in most states are similar, but there may be some differences in the processes. In Texas, you have eight grounds for divorce. Why is it important to know the grounds? Well, each one affects the outcome of the entire process. Let’s get into it.
The main grounds for divorce in Texas
When a married couple doesn’t live together for more than three years, it could be grounds for divorce. A family lawyer Fort Worth expert would make the court understand that it was likely a mutual agreement. So, how does this affect the outcome of the divorce?
In cases like these when a spouse hasn’t seen her husband in five years and is unable to find him, the court will award her all the couple’s possessions she has currently.
Another ground is insupportabilty which simply means the couple has irreconcilable differences. It is a very common ground for divorce in Texas and couples prove it by showing that there is a conflict that prevents any chances of reconciliation.
If one party is confined to a mental hospital, then the other can divorce them. However, to use this as grounds for divorce in Texas, the hospitalized party must be confined for more than three years. Also, the mental illness must be severe and have reduced chances of recovery.
Besides hospitalization, cruelty is a ground for divorce in Texas. If a spouse alleges that their partner is cruel, they can get a divorce. The definition of cruel here is relative. However, as long as the cruelty inflicts pain, whether mental or physical, it is a ground for divorce.
Adultery is another common ground for divorce. It doesn’t need much explanation to be accepted in court. However, the wronged spouse has to prove adultery. You do not need to have video evidence of the claim. Sometimes, simple transactions showing expenses on the lover will do. The outcome of a divorce using this ground is the wronged spouse getting a larger portion of the assets or estate.
If you’re convicted of a felony, your spouse can divorce you under the law in Texas. The same applies to abandoning your spouse. Abandonment however, can be claimed after a one year period.
Processes in Texas
In Texas, you have the option to file for divorce on your own. However, this is a good option if you have an uncontested divorce. You also have to be a Texas resident to do this. To prove your residency, you must have lived in the state for at least 90 days preceding your filing.
Then, you’ll need to visit the courthouse to file an original petition for divorce. After doing this, your spouse will need to file an answer and you’ll get the final decree of divorce.
But as we all know, uncontested divorces are fewer as most couples disagree on certain terms. This is why it is safer to get an experienced lawyer to handle the processes. You’ll also get a clearer idea of what’s going on during the court sessions.
