We understand for those of you living in Dallas, Houston, San Antonio, and other parts of Texas that life has been a little rougher now that you are thinking of filing for divorce, and trust us, we understand. But before you begin to file Texas divorce forms, do you know on what grounds you will use as part of legally filing for divorce? More importantly, did you know that filing with one of the following grounds for divorce can improve your chances of gaining the upper hand when it comes to the division of assets? The following list explains some of the basics rules and axioms for those looking to file Texas divorce forms, and hopefully, makes life just a bit easier for our friends in the lone star state.
Abandonment: If your spouse has left you for one year or more, or has left you with the intent of abandonment, you may be granted a divorce. The catch: good luck proving the intent of abandonment. Proving intent is always a challenge in court no matter what the circumstances and Texas divorce is no different.
Adultery: Yes, think “The Scarlet Letter.” If your spouse can be proven as unfaithful in your marriage, a Texas judge will grant you a divorce. The judge will not, however, order the spouse to wear a symbol of their piggish behavior. It’s true; every rose has its thorn-lest we evoke the sounds and images of the popular hair metal ballad from days long since passed.
Confinement in Mental Hospital: You may be granted a divorce if your spouse has been committed to a mental hospital, private or state-controlled, for three years. If it is unlikely the committed spouse will regain their mental health, the free spouse may also be granted a divorce.
Conviction of Felony: You may be granted a divorce if your spouse has been convicted of a felony, imprisoned in either the Texas Department of Criminal Justice, federal penitentiary, or other state penitentiary and has not been pardoned. There is one thing to remember however, if you’re cutting your jailbird loose: Texas may not grant a divorce to a spouse who has testified in court against their convicted spouse.
Cruelty: Cruelty makes a marriage insupportable in the eyes of divorce law, and the State of Texas is no different. In the unfortunate event of physical or emotional abuse in a Texas marriage, filing for divorce on grounds of cruelty is the victim’s best bet to being granted a divorce.
Living Apart: Have you and your not so significant other given separation a go and found it enjoyable? You may be granted a divorce if you and your spouse have been living apart, or lived without “cohabitation,” for more than three years.
If you do not have vengeance on your mind, however, there is the non-fault way to the Texas divorce.
Insupportability: This option allows you and your almost-ex-spouse to part without either legally claiming the fault. Couples seeking a Texas divorce on the grounds of insupportability are doing so because of “discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation,” according to the Texas legislature.
Whatever you situation, the grounds for divorce in Texas are clear and can be found in the Family Code, Chapter 6 at the texas state website along with a lot of other helpful information regarding Texas divorce law..