Years ago, unless a person had grounds for divorce, they were not allowed to get divorced from their current spouse. Sometimes they had to prove that their spouse was cruel and had beaten them or abused them. Other times, it was easier for a couple to live apart for a period of years and then cite abandonment as the grounds for their divorce. And, of course, many people cited adultery as the legal grounds for their separation and divorce. For the most part, people today don’t need to cite any specific reason for getting divorced. Our Texas divorce lawyers typically cite something called insupportability as grounds for divorce. This is similar to what other states call irreconcilable differences. This just means that no matter what you and your spouse do, there is no saving the relationship.
If you are considering getting divorced and aren’t sure which grounds you should cite for your case, we can help. Contact one of our divorce attorneys in The Woodlands and we will sit down and go over your case one-on-one. Here, we will discuss the various grounds for divorce that exist under Texas law.
Like Most Other States, Texas is a No-Fault State When It Comes to Divorce
As briefly stated above, Texas is a no-fault state when it comes to divorce. Technically, neither party needs to cite any specific reason for why they want to divorce their current spouse. You simply file a complaint for divorce like you would file any other civil complaint. You would serve a copy of your complaint on your spouse, and then your divorce attorney in The Woodlands would help you finalize the matter. This doesn’t mean that people do not cite grounds for their divorce today.
Sometimes, for whatever reason, a person is intent on citing one of the various legal grounds for divorce. For example, you may cite cruel treatment at the hands of your spouse. Maybe they were verbally, emotionally, or physically abusive to you. Other people may decide to cite abandonment as a grounds for divorce. You will qualify for abandonment if your spouse has left and has been gone for a period of more than one year. It is important to keep in mind, however, that your Texas divorce lawyer does not have to cite any specific grounds in order for you to move forward with your divorce proceedings.
You Can Cite Insupportability as Grounds for Divorce
In most states, people reference something called irreconcilable differences as the grounds for their divorce. Even when there is no requirement for a determination of fault in a divorce case, many people still like to cite some grounds for divorce.
Insupportability, or irreconcilable differences, simply means that you and your spouse have done everything possible to maintain the relationship. However, despite both of your best efforts, there is no salvaging the marriage and both of you wish to be free to divorce and pursue another relationship.
When it comes to insupportability, your divorce attorney in The Woodlands does not have to prove any specific facts. You will have to meet the separation requirement for any divorce which is one year. If you cannot show that you and your spouse are living apart, the divorce will not go through. This is part of the insupportability claim. If you have not lived apart, how can you prove to the court that living apart is better for the relationship and for your children?
Your Divorce Attorney in The Woodlands Can Cite Adultery as a Basis for Divorce
Adultery is one of the most common cited grounds for divorce in Texas. If you can prove that your spouse has cheated on you, once or multiple times, it will not be difficult to have your divorce approved. Typically, when one of our clients asks one of our Texas divorce lawyers to cite adultery as the reason for divorce, it’s for personal reasons. Other times, our client is well aware that they can only receive spousal maintenance if they can prove that the other party did something wrong. While this is not technically true, one way to convince a judge to grant you spousal maintenance is to prove that your spouse cheated on you.
Can You Prove That You and Your Spouse Have Lived Apart for at Least 1 Year?
As stated above, you will need to prove to the court that you and your spouse have been separated for at least one year. Most states have a requirement similar to this. As long as you and your spouse do not hold yourself out to be a couple, you should meet this requirement. Worst case, your divorce attorney in The Woodlands can let the court know that neither party could afford to live in separate households. As long as you can show that you did not share a bed or hold yourself out to be a married couple, you should satisfy this requirement.
There Are a Handful of Other Grounds for Divorce in The Woodlands, Texas Of course, there are other grounds that are worth mentioning here. For example, if you can show that your spouse is residing in a mental institution and will do so for a period of at least three years, the judge will most likely grant your divorce. The same is true if your spouse has been convicted of a felony and has spent at least one year in prison. Both of these things show the court that your spouse is not going to be there for you at any point in the near future. Rather than make you sit at home and wait for this person to show back up, the course will grant your divorce and let you have your freedom.
Your Texas Divorce Lawyer Will Help You Determine Which Grounds for Divorce Applies in Your Case
If you aren’t quite sure what to do, you should contact one of our Texas divorce lawyers. They can help you not only cite grounds for divorce, but they will help you throughout the entire divorce proceedings. With so much at stake, this is not something you want to take lightly. It’s in your best interest to at least talk to a divorce attorney in The Woodlands before you make any final decisions.