Divorce is rarely on the mind of people taking wedding vows. However, time spent together often brings out differences unnoticeable before marriage. At other times, you, your spouse, or your interest changes, raising the compatibility question.
A no-fault divorce is the choice for most people because it’s fast and cheap. However, suppose you are looking for an advantage over your spouse during the divorce, such as in child custody and property division. In that case, you may want to go for a fault-based divorce, in which case your reason for getting one must be to meet legal grounds for divorce.
This guide highlights common reasons for a divorce that meet the legal ground threshold under Texas family law.
Insupportability
Most states use irreconcilable differences as grounds for a no-fault divorce. Texas uses the term insupportability, but it means the same thing as irreconcilable differences for other states. In such a case, getting in touch with family lawyer Matt Towson is a great idea.
Traditionally, married couples had to offer a logical reason for ending a divorce until the 1970s. Today, Texas family law allows for a divorce regardless of fault. However, you may still have to mention some reasons to support your insupportability claims, such as conflict, political views, personality conflicts, lack of intimacy, etc.
When getting a divorce on insupportability grounds, spouses walk out with equal rights to child custody and property division if all other factors are constant.
Infidelity and Adultery
Infidelity and adultery are among the most cited reasons for fault-based divorce. Under Texas family law, adultery occurs when one party in a marriage gets into an extramarital sexual affair. Since Texas family law doesn’t recognize legal separation, sexual relations with another person besides your spouse count as adultery as long as the judge has not issued divorce orders.
While cheating may not affect property distribution directly, it could if there is evidence that the guilty party used their joint property to finance the illicit relationship. It could also affect alimony payments for the guilty party. However, there are cases where the court could still award alimony and spousal support payments, irrespective of the circumstances.
Cruelty and Domestic Violence
Domestic violence in a relationship is an understandable reason for a divorce. However, Texas law doesn’t list domestic violence as a legal ground for divorce, but divorcing couples can cite mental, physical, and emotional cruelty.
Even cruelty as a ground for divorce is open to interpretation, and its usage depends on your circumstances, which would make working with a skilled attorney critical if you are going to use cruelty as your grounds.
Cruelty has huge implications for child custody and visitation orders as the guilty party may not have much chance at a favorable outcome.
Other Grounds
Other grounds for divorce in Texas are confinement to a mental hospital, conviction with a felony, substance abuse and addiction, etc. Like the grounds and reasons mentioned earlier, these reasons will affect the outcome of divorce differently.
For example, mental health concerns, conviction with a felony, and drug abuse and addiction could affect the affected person’s chances of getting custody and visitation rights. However, they do not mean you are locked out of your child’s life, and having good legal representation can make a huge difference.
A no-fault divorce is the best way out, but it is not always possible, especially if you are looking to gain the upper hand and are concerned about the well-being of your children after divorce, in which case you could want to explore the ground highlighted in this guide.
Conclusion
While no-fault divorces are often quicker and less contentious, Texas family law allows fault-based divorces for those seeking a legal advantage, particularly in areas like child custody and property division. Grounds such as insupportability, adultery, cruelty, and other serious issues like mental illness or substance abuse can significantly impact the outcome of a divorce case. Understanding these legal grounds and working with an experienced family lawyer can help ensure that your rights are protected and the well-being of your children is prioritized as you navigate the divorce process.
