Do You Have to State Grounds? What Grounds Are Available?
Though Texas is, like all other states, a “no-fault” jurisdiction for the purposes of divorce, you must still state grounds before the court will grant any divorce. In fact, a number of states do not allow you to allege fault in a divorce. Texas is not one of them. You can seek to terminate the marriage based on “irreconcilable differences,” or you can allege specific incidents that brought about the breakdown of the marriage.
No-Fault Divorce in Texas
Far and away, the most common reason stated for divorce in Texas is “insupportability,” or what is commonly referred to as “irreconcilable differences.” When filing a no-fault divorce in Texas, you don’t need to go into detail about the nature of the discord or conflict, but you must tell the court that the problems you have been experiencing are insurmountable and have essentially permanently destroyed the “bonds of marriage.”
The Valid Reasons for Getting Divorce in Texas
There are six other grounds that the court will accept in Texas as sufficient to warrant the termination of a marriage. Two of those don’t really involve actual fault on behalf of either party:
- Discontinuation of cohabitation—If you have not lived in the same abode with your spouse for at least three years, the court will consider the marriage over
- Confinement to a mental facility—As with cohabitation, the confinement to a mental hospital must be for at least three years. In addition, you must have the opinion of a mental health professional that the condition is either unlikely to improve or that there is significant risk of relapse if there’s any improvement.
The other four reasons that may be stated for divorce in Texas all involve some behavior by one or both parties that led to the breakdown of the marriage:
- Mental or physical cruelty—Though the term can be highly subjective, cruelty by one spouse toward another can be just cause for a divorce. Whether or not a person’s behavior meets the standard will typically be determined by the court on a case-by-case basis.
- Adultery—Sufficient evidence that a spouse had extra-marital intimate relations with another person (before or after the filing of the divorce complaint) can be sufficient to grant a divorce
- Conviction of a felony—If a spouse is convicted on felony charges and is sentenced to serve at least 12 months in prison, the marriage may be terminated for cause. There is, however, one exception—the felony conviction must not be based on the testimony of the spouse who seeks divorce. If that is the case, the divorce must be based on insupportability.
- Abandonment—This requires an intentional act—a spouse must leave voluntarily. It also requires that you don’t cohabitate for at least one year.
Why Would You Want to Allege Fault in Divorce in Texas?
By establishing fault in a Texas divorce, you may be able to gain an advantage with respect to custody, visitation, alimony or the division of marital assets.
Contact the Knowledgeable Divorce Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we have extensive knowledge of the American immigration laws and have worked with thousands of people seeking lawful permanent residency or citizenship status in the United States. We will aggressively advocate for you in any immigration matter, from applications for a visa to the defense of deportation or removal proceedings. We can also be your advocate if you encounter legal problems because you remained in Texas after your visa expired.
We provide a free initial consultation to every client. To schedule an appointment with a knowledgeable and thorough immigration lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.
