In the State of Texas, there are various grounds for divorce that either the petitioner or both parties can account for. Before filling for the actual process, preparing all of the necessary documents, communicating with the people involved, and hiring a legal representation, here at Sherman Law Firm, P.C., we strongly advice that you determine if the kind of ground or reason that you are citing is the most efficient and wisest step that you will make.
To help you in your first step, here are the seven grounds honored under the state.
- Insupportability – The court determines this when the couple have mutually agreed that they are no longer compatible to raise a family. This happens when there is too much argument, resentment, distrust, irreconcilable differences, and even financial difficulties. According to the Texas laws, this is considered a “no-fault” divorce, wherein one cannot be faulted more than the other.
- Adultery – In its most basic definition, adultery involves a person having sexual intercourse with a different party who is not his/her husband or wife. Once this is cited, the petitioner needs to prepare evidences to prove the claim, such as phone records, credit card and bank statements, and actual exchanges in text messages, emails, or in other platforms.
- Cruelty – To render a marriage “insupportable,” cruelty should mainly involve physical, mental, or emotional abuse. Physical abuse is the easiest claim to make since this will involve police records or hospital accounts, wherein emotional and mental abuse will require more proof.
- Abandonment – When the spouse has intentionally abandoned the family for at least one year, the petition can already be set in motion.
- Living Apart – Under the Family Code, this involves having “lived apart without cohabitation for at least three years.”
- Conviction of Felony – The court will grant divorce once a spouse is convicted and imprisoned whether in or out of the state for at least one year.
- Confinement in a Mental Hospital – If one of the spouses is confined in either a government or private hospital for three years and is deemed unable to adjust or recover from the condition, then the court will allow divorce.
The statutory ground for divorce that you are going to claim can determine the division of assets/properties, child custody or support, and the alimony. Contact us at Sherman Law Firm, P.C. for a consultation on how to move forward for “A Fresh Start to a New Future.”