- Legal Separation
- Texas Divorce
- 8 Common Questions About Texas Divorce
- What are the grounds for divorce in Texas?
Skip to main content. Google Tag Manager. Toggle navigation. Search form. Step 2: Choose a Toolkit or Article. Toolkits have this symbol: An Article provides basic information about a topic. Divorce I need a divorce. We do not have minor children. We have minor children. This toolkit tells you about getting a divorce when you and your spouse have children who are younger than 18 or still in high school and there are no court orders for custody and support of your children already in place.
A final custody and support order is already in place. If you are contemplating a divorce, your first question is probably whether you are entitled to one. To obtain a divorce, you must raise and prove at least one ground for a court to grant the divorce. In fact, the Texas Family Code provides seven grounds for divorce in Texas.
The state categorizes these grounds into fault or no-fault divorces. These classifications may be relevant for purposes of division of marital property, an award of spousal maintenance, and to a certain extent, parental fitness. There is a substantial difference between a fault and no-fault divorce. For starters, a fault divorce typically requires the person seeking the divorce to prove the other party is at-fault somehow. However, in a no-fault divorce, no blame is assigned to either party. The type of divorce you file may have a significant effect on the outcome of your dissolution of marriage.
For example, in a fault divorce, a judge may distribute marital assets unequally because of infidelity. The type of divorce you are able to file largely depends on the state you live or are eligible to file in.
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Fortunately, if you are able to file for divorce in Texas you have the option of choosing between a fault or no-fault divorce. A fault divorce requires the person requesting the divorce prove that the other party has done something wrong.
There are several that the party filing for the divorce can use to justify ending the union. Divorce courts require the party filing to provide proof that the grounds actually exist. In other cases, proof can come from documentation collected by a private investigator. While fault divorces are becoming less common because of the ease of no-fault divorces, they are still an option for Texas couples.
These types of divorces are considerably more expensive to obtain. The most common fault grounds include the following:.
8 Common Questions About Texas Divorce
The grounds for cruelty in Texas are defined as willfully causing pain or suffering to your spouse. This treatment is so bad that it renders the couple living together insupportable. Cruel treatment is a relative term. In fact, each case must be determined on its own facts. For example, one person may believe behaviors to be cruel while another person may not.
In order for a judge to uphold cruelty as a fault, the cruelty needs to be a willful, persistent infliction of unnecessary suffering.
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- General Information - Divorce - Guides at Texas State Law Library;
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The suffering may be mental or physical. However, mere trivial matters or disagreements are not sufficient. The most common reasons for ordering a lopsided division of property involve responsibility for raising children and differences in the earning capacities of the spouses. In those situations, the judge may order a or division of the marital property.
The facts that may result in a disproportionate division of the marital estate include:. Generally speaking, the community property concept means that both spouses own an interest in all property acquired by either of them during the marriage. A provision in the Family Code requires the judge to assume that all property accumulated during the marriage is community property unless a party proves otherwise.
With some exceptions, separate property consists of: 1 property owned before the marriage, 2 property acquired by inheritance, 3 property acquired by gift, and 4 certain recoveries related to personal injury claims. All other items are classified as community property.
What are the grounds for divorce in Texas?
Income received during the marriage is community property. Salaries, commissions, bonuses and other earnings are also community property. Texas marital property law is rather complex, particularly with respect to reimbursement claims. Reimbursement claims are intended to remedy the potentially unfair aspects of the community property vs. In those kinds of situations, the divorce court may order that the spouse who owns the separate property is to reimburse the other spouse for a portion of the community property funds expended to pay the mortgage debt.
There numerous fact situations that might result in reimbursement claims and there are several different forms of reimbursement recognized by the Texas courts. Texas marital property law is complicated.