When considering divorce in Texas, many couples wonder about the legal grounds required to end their marriage. Texas law allows for both fault-based and no-fault divorces, providing flexibility depending on the circumstances of the marriage. Understanding these grounds is essential for anyone considering divorce in the Lone Star State.
No-Fault Divorce: Incompatibility and Insupportability
In Texas, a no-fault divorce is often pursued when neither spouse is solely to blame for the breakdown of the marriage. The most common ground for a no-fault divorce is “insupportability,” which essentially means that the marriage has become unsustainable due to discord or conflict of personalities. This term is akin to “irreconcilable differences” in other states. To file for a no-fault divorce, one spouse simply needs to state that the marriage cannot continue and that reconciliation is unlikely. No proof of wrongdoing is required, making it a straightforward and often less contentious option.
Fault-Based Divorce: Specific Grounds Under Texas Law
While no-fault divorces are common, Texas also recognizes several fault-based grounds for divorce. These grounds can impact the division of property, alimony, and even child custody arrangements. The fault-based grounds include:
- Adultery: If one spouse can prove that the other committed adultery, this can be grounds for divorce. Evidence of infidelity can influence the court’s decisions on property division and spousal support.
- Cruelty: This ground applies if one spouse’s cruel treatment makes living together insupportable. Cruelty can include physical or emotional abuse, and proving it may require substantial evidence.
- Abandonment: If a spouse leaves the marital home with the intention of abandonment and remains away for at least one year, this can serve as grounds for divorce.
- Felony Conviction: A spouse convicted of a felony and imprisoned for at least one year without a pardon can be a basis for divorce. The conviction must have occurred during the marriage.
Proving Fault: The Impact on Divorce Outcomes
Choosing to file for a fault-based divorce can have significant implications. While proving fault may require gathering and presenting evidence in court, it can potentially affect the outcome of property division, alimony, and child custody arrangements. For example, a spouse who proves adultery or cruelty may receive a more favorable share of the marital estate or alimony. However, pursuing a fault-based divorce can also be more contentious, costly, and time-consuming, as it may involve detailed investigations and court hearings.
Conclusion
In Texas, the choice between a no-fault and a fault-based divorce depends on the specific circumstances of the marriage and the desired outcomes. Understanding the legal grounds for divorce is crucial for making informed decisions. Whether pursuing a straightforward no-fault divorce or proving fault, it is advisable to consult with a qualified family law attorney to navigate the complexities of Texas divorce law.
