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In 2015, more than 123,000 couples divorced in Texas—the lowest number since 1989. But despite the decrease, the state’s District Court dockets are filled with unhappy men and women seeking to end their marriages. A consultation with an experienced attorney in Baytown, TX, will provide you with information concerning property distribution, financial obligations and, if there are children, visitation or custody concerns. There are 7 grounds for divorce in Texas, according to Texas Family Code, and only one of them is a “no fault” option—insupportability. Neither spouse is blamed for the breakup, but there is no expectation of reconciliation for the couple. There are 6 other grounds for divorce in Texas. Adultery is a common complaint cited as a reason to seek divorce; however, the adultery must be proven in court in order for the divorce to be granted on those grounds. - Cruelty is often claimed in divorce cases, and like adultery, proof of the cruelty is required. This is a serious accusation against the spouse. There are three types of cruelty recognized under Texas law: physical abuse, mental abuse, and emotional abuse. Although physical abuse is easier to prove due to a paper trail of police reports and medical treatment resulting from the abuse, mental and emotional abuse is not so easy to prove.
- Abandonment or living separately for at least 3 years are also grounds for divorce.
- If your spouse is incarcerated in a state or federal facility as a result of a felony conviction, this too may be viable grounds for divorce if your testimony is not the reason your spouse was convicted.
- A spouse’s hospitalization in a mental institution with no signs of recovery—or if recovery occurs, relapse is probable—that, too, is grounds for divorce in Texas.
Contact a knowledgeable attorney in Baytown, TX, to understand your rights in a divorce case.
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