The Lone Star State offers different types of divorce, primarily categorized into no-fault and fault-based options, each with its own implications and requirements. Knowing which type applies can make a substantial difference in the proceedings and outcomes.
This article will delve into the various types of divorce available in Texas, the grounds upon which they can be filed, and the specific factors that can influence one's divorce journey, including adultery, cruelty, abandonment, and felony convictions.
Understanding Divorce in TexasDivorce in Texas involves several important steps and legal requirements. A key factor is the residency requirement. One spouse must live in Texas for at least six months and in the filing county for 90 days before starting the divorce process.
There are two main types of divorce: uncontested and contested divorces. In an uncontested divorce, both spouses agree on all terms. This includes property division, child custody, and more. Contested divorces occur when spouses cannot agree, requiring court intervention.
Grounds for divorce can be no-fault, meaning neither spouse is blamed, or fault-based, citing reasons like adultery or cruelty.
The division of marital property follows community property laws, meaning assets are split between spouses unless agreed otherwise.
For those with minor children, a divorce decree will address custody, support, and visitation. Utilizing experienced divorce attorneys can help navigate these complexities.
Filing a petition for divorce initiates proceedings. Once resolved, you'll receive the final divorce decree. This process may also require completing various divorce forms and attending hearings, based on individual circumstances.
Types of Divorce in TexasIn Texas, there are two main types of divorce: no-fault and fault-based. These categories determine how spouses address the end of their marriage. Understanding both can help you choose the best path forward.
No-fault DivorceA no-fault divorce means neither spouse is blamed for the marriage breaking up. This process often cites "insupportability" as the reason. In simpler terms, it means the couple no longer gets along. A no-fault divorce is often simpler and less stressful. Both parties agree nothing specific caused the split.
Key points of a no-fault divorce include:
Fault-based divorces occur when one spouse blames the other for the marriage ending. Common reasons include adultery, cruelty, or abandonment. This type requires proof, which can complicate the divorce process.
Common grounds for fault-based divorce:
Choosing between these types depends on individual circumstances. An experienced divorce attorney can help guide the decision, ensuring the process meets your needs.
Grounds for Divorce in TexasIn Texas, there are specific reasons, or "grounds," for getting a divorce. Understanding these can help you through the divorce process. Texas recognizes both no-fault and fault-based divorces. A no-fault divorce means no one needs to blame the other for the marriage ending. However, fault-based grounds involve specific reasons for seeking a divorce. These can affect decisions like child custody, property division, and more.
Here is a list of common fault-based grounds for divorce in Texas:
Adultery is when one spouse has a sexual relationship outside the marriage. In Texas, adultery can be a ground for divorce. If one spouse cheats, it may influence property division. The courts may grant more of the marital property to the faithful partner.
CrueltyCruelty involves one partner being cruel to the extent that living together is unbearable. This is another ground for divorce in Texas. It may affect divorce proceedings by impacting property division and potentially child custody decisions. Examples include physical harm or causing emotional distress.
AbandonmentAbandonment occurs when one spouse leaves the other with no intention of returning. In Texas, if a spouse abandons their partner for at least one year, it can be grounds for divorce. Abandonment may impact the division of property or the divorce decree.
Felony ConvictionsIf a spouse is convicted of a felony during the marriage and sent to a state or federal prison for at least one year, it serves as a ground for divorce in Texas. This may also impact the division of real property and decisions related to minor children.
Understanding these grounds will help you know what to expect during your divorce process in Texas. Consider consulting an experienced divorce attorney for guidance tailored to your specific situation.
Talk to a LawyerAn experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.