Is your marriage beyond repair? Have you decided that it's time to stop the constant bickering, get a divorce and move forward with your life? Do you have to have a specific reason for seeking a divorce? Do you have to show that your spouse cheated on you, physically abused you, or abandoned you?
Under Texas law, when you file for divorce, you must declare the basis for the divorce. Even after the institution of no - fault divorce in Texas, the party seeking divorce must offer the court a reason to terminate the marriage. This blog post addresses both the no - fault and fault - based grounds for seeking divorce in Texas.
No - Fault Divorce in Texas
With the advent of no - fault divorce in Texas, you can file a petition for divorce without designating a specific cause, simply arguing what the law calls "insupportability." This means that the marriage can no longer be sustained or supported because conflict, disagreement or discord has irrevocably destroyed the purpose of the marriage. Essentially, you admit that you no longer have any common ground on which to base a relationship, and there is no realistic hope or expectation that the situation will change.
Fault - Based Divorce in Texas
Though not necessary anymore, you can still state specific grounds for ending your marriage, including:
• Adultery by your spouse—An extra-marital affair by your spouse is legitimate grounds for divorce.
• Living separate and apart—If your spouse is no longer living with you and has no intention to return, you may obtain a divorce, once you have been apart at least three years.
• Abandonment—If your spouse has disappeared and been gone for a year, you may seek divorce based on abandonment.
• Mental cruelty—You must be able to show that your spouse has engaged in such cruel treatment that you can no longer live together.
• Conviction of a felony—A party can seek divorce on grounds if their spouse has been convicted and imprisoned on a felony charge, except when the conviction was obtained because of the testimony of the spouse.
• Confinement in a mental facility—If your spouse has been committed to a mental hospital for at least three years, with no prognosis of improvement, you can seek a divorce.
Contact the Law Offices of Pfister Borserine & Associates
At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.