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.
Grounds For Divorce
No-fault divorce in Houston, Texas
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.
Contested “fault” divorce in Houston
Texas 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.
Qualifications for divorce in Houston
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.
Learn More About Your Divorce:
We offer an extensive range of family law services and handle a wide variety of family law cases in the Greater Houston and surrounding areas, including but not limited to:
Contact Us for an Experienced Divorce Representation:
Bradley W. Tilton II is a Houston divorce attorney well prepared to devote the time and resources necessary in order to handle your divorce case with care and attention. Contact a Houston Divorce Lawyer today to schedule a free initial consultation.