The rules for divorce are different in every state. Texas has unique statutes related to parenting matters and property division. Even the process of divorce itself is somewhat different in Texas than in many other jurisdictions.
One of the most important elements of a divorce is establishing that a spouse has grounds to file. Those hoping to legally end a marriage must meet certain standards to successfully do so. While some states have done away with fault-based divorces, Texas still allows divorce based on fault and an assortment of different grounds.
What are the legal reasons people can use to justify a divorce filing in Texas?
No-fault divorce is the most common
The statute outlining grounds for divorce includes insupportability. That is a legal way of saying that the marriage has become unsustainable for the spouses. In other states, the term used is often irreconcilable differences.
If one spouse claims insupportability, they assert that the marriage is beyond saving. They do not necessarily need any evidence supporting that claim to move forward with divorce proceedings.
No-fault divorces can be faster and more affordable because there is less for the courts to evaluate. Therefore, many people decide to file no-fault divorces based on grounds of insupportability even if they may meet the standards for a fault-based divorce.
There are many legal grounds for divorce
People may pursue a fault-based divorce for many reasons. Some people belong to traditional cultures or religions. They want a clear court decree establishing that they did not violate their marital vows and were not at fault for the failure of the marriage.
For others, the possibility of creating consequences for bad behavior might motivate them to pursue a fault-based divorce. The law recognizes multiple grounds for divorce, including:
- cruelty, such as domestic violence
- a felony criminal conviction
- in a year or more in state custody
- adultery
- abandonment lasting at least a year
- living apart for at least three years
- involuntary confinement in a mental hospital
In such cases, the spouse filing for divorce must have evidence that their situation meets one of those standards. The responding spouse has an opportunity to challenge or contest the evidence, which can lead to a more protracted divorce process.
Those contemplating divorce may need help evaluating their options to choose the best path forward. Learning the grounds for divorce in Texas can help people decide on whether a fault-based divorce or a no-fault divorce is the best option given their circumstances.
