The State of Texas permits both fault-based and no-fault divorces, as well as annulments. Additionally, the parties may agree to joint petitions for divorce without contesting the facts (uncontested). Filing for the correct type of divorce can dictate your rights during marital dissolution proceedings. Contact a compassionate divorce lawyer at the Cook Law Firm today to discuss the options and requirements for dissolving your marriage in Texas.
Fault-Based Grounds for Divorce in San Antonio, TX
If you want to dissolve your marriage in Texas and otherwise meet all residency requirements, you must file for divorce under one of the grounds listed in the Texas Family Code. Texas allows no-fault divorces, but an innocent spouse can receive a more favorable judgment if he or she files for divorce on one of the following fault-based grounds for marital dissolution.
Grounds of Cruelty
The court may grant a divorce in favor of an abused spouse on cruelty grounds. Cruelty involves more than physical abuse and can include the following:
- Domestic violence
- Psychological abuse
- Threats and fear tactics
- Undue control
- Theft and criminal activity against the innocent spouse
- Emotional abuse
- Financial abuse
- Tormenting household members or pets
Immediately contact a San Antonio domestic abuse attorney to discuss your rights to obtain a fault-based divorce on cruelty grounds.
Adultery Grounds
Adultery occurs when your spouse voluntarily has sexual intercourse, as defined by Texas law, with someone who is not his or her legal spouse. Circumstantial evidence that your spouse is having a sexual relationship with someone else is generally necessary to obtain a divorce on adultery grounds. An experienced divorce lawyer can help you hire a trusted investigator to determine whether your spouse is having an affair.
Felony Conviction or Institutionalization
If your spouse was convicted of a felony and has been imprisoned for at least a year, you can file for a fault-based divorce on these grounds. Likewise, you may file for divorce if your spouse has been confined to a mental hospital for at least three years and it appears he or she will not recover or relapse is likely.
Grounds of Abandonment and Living Apart
The court may grant a fault-based divorce on abandonment grounds if your spouse voluntarily left you and has remained away for at least one year. You can also obtain a divorce on living apart grounds if you and your spouse have lived separate and apart – in different homes – for at least the past three years.
Texas No-Fault Divorce Grounds
If you cannot prove fault or do not want to engage in lengthy and expensive fault-based litigation, Texas law allows you to file for a no-fault divorce based on ‘insupportability.’ Either party can file for a no-fault divorce under Tex. Fam. Code § 6.001 without having to prove fault or wait more than the minimum 61 days to request finalization.
Discuss Divorce Options with a San Antonio Family Law Firm
Although filing for a no-fault divorce is often easiest, it may not be the best option in your case. Discuss the legal grounds for dissolving your marriage in Texas and requirements for doing so with the experienced San Antonio divorce attorneys at the Cook Law Firm today by calling (210) 740-0281 or connecting with us online.