Deciding to pursue divorce is one of the most difficult and emotional decisions married couple will ever make, particularly if there are children. Divorce also involves business and legal questions that must be resolved. An experienced family law attorney will help you to understand the basic issues and use a rational perspective to approach the process.
Traditionally, every state required a person filing for divorce to prove “grounds” or some type of spousal fault in order to obtain a divorce. Today, the majority of states allow at least one form of “no-fault” divorce, which does not require proof of fault. If no-fault divorce is available in your state, either member of the couple may obtain a divorce, even if the other party does not consent to the divorce.
Texas Divorce Law allows for “no-fault” divorces. However, if one party is at “fault” for the breakup of the marriage, the court may take that into consideration in determining what is an “equitable” division of the property. For that reason, the other spouse may want to plead fault grounds in their petition. The statutory grounds for divorce are: adultery, cruel treatment (that renders further living together insupportable), abandonment (for at least one year with the intent to abandon), long-term incarceration (more than one year), confinement to a mental hospital for at least 3 years, living apart for at least 3 years, or in supportability (which is the no-fault ground), defined as discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.
In order to qualify for a divorce in Texas, one of the spouses has to have been a resident of the state for a continuous six-month period and of the county of filing for a continuous 90-day period prior to the filing of the Petition.
Douglas C. Smith Law firm is well prepared to devote the time and resources necessary in order to handle your divorce case with care and attention. Contact us today to schedule an initial consultation.