You are ready to file for divorce and make a fresh start in life. But what are the grounds for divorce you can invoke? Will the court accept them or reject your petition? The best way of making the entire process smooth and simple is hiring a skilled Tomball divorce lawyer to handle all the key aspects.
After talking to you and understanding your reasons for filing for divorce, the attorney will select the appropriate option from this list of valid grounds for divorce:
1. Living Apart or Abandonment
You have the right to seek a divorce if you and your spouse lived apart for at least three consecutive years. This means proving that either you or your spouse lives at a different address than the marital home and that no cohabitation has occurred during this period of time.
If your spouse has decided to move on with their life and leave you behind, with no kind of contact, financial support or cohabitation, then you are entitled to list abandonment as the reason for divorcing them. Also, the period of time for abandonment is shorter – only one year.
2. Confinement in a Mental Hospital
Sometimes, one of the spouses may develop a severe mental health condition that requires extensive hospitalization in a special healthcare unit. In this case, after three years of hospitalization, you have the right to file for divorce.
Your lawyer will obtain evidence that your spouse’s condition is unlikely to improve allowing them to resume the marital life. Or, in case of an eventual recovery, the chances are that they will suffer a severe relapse requiring further hospitalization.
It is important to note that your spouse does not have to be confined in a hospital in Texas for the grounds for divorce to be applicable.
3. Felony Criminal Conviction
If your spouse received a felony criminal conviction during the marriage and did not receive a pardon, you may file for divorce after one year. It does not matter if your spouse serves their sentence in a state or federal prison.
All you have to prove is that the date of incarceration was at least 1 year prior to your petition for divorce.
4. Adultery
Many clients tell their Tomball divorce lawyer that they have solid grounds for divorce – adultery. And they also have evidence of this. Unfortunately, most people obtain evidence by breaking privacy rules, such as going through their spouse’s mobile phone.
Adultery is a valid reason for divorce. However, you must present evidence that is admissible in court. The best solution is let your attorney advise you on ways to obtain it, such as hiring a licensed private investigator.
5. Insupportability
Although it appears to be a frivolous reason, insupportability is a valid reason to end a marriage. It is actually the first on the list of grounds for divorce in the Texas Family Code and it is defined as a “discord or conflict of personalities” which makes cohabitation and any chances of reconciliation impossible.
This is often the grounds for uncontested divorces, when both spouses amicably agree to put an end to their marriage and move on with their lives.
Consult with an Experienced Tomball Divorce Lawyer!
When it comes to finding valid grounds for divorce, you can rely on a skilled Tomball divorce lawyer to help you. The attorney will also help you gather evidence to prove your case in family court and obtain the best possible outcome
In this way, you can make sure that your divorce does not take longer than it should and you also manage to keep the costs under control.
Do not waste any valuable moment – contact us to schedule an initial appointment as soon as you’ve decided to divorce: 281-519-2287!
