Grounds for Divorce in Texas – Conclusion: Why Does It Matter?

So we have written about the 7 grounds for divorce in Texas. From Irreconcilable Differences to confinement in a mental hospital we have broken down the code into something easier to understand.

This post attempts to explain why choosing the correct ground for filing the divorce is important.  The first and easiest grounds is the “Insupportability” clause.  This is what is meant by “No Fault Divorce.” Essentially, both spouses agree that the marriage should not continue and neither party is more responsible than the other for the issues causing the marriage to dissolve.  Pretty easy to understand and it lends itself to an equal division of the assets and debts of the community.

The other grounds can be arguments for a non-equal division of assets, debts, and custody and obligations of children from the marriage. Sometimes one party is more directly responsible for the breakup. It is in those cases that some of the other grounds become relevant.

Take adultery as an example.  One party is cheating on the other.  The legal system acknowledges this is damage to the marriage caused by one of the spouses. This allows the wronged party to argue from a stronger position on the division of assets. It can also affect the custody of offspring as the cheating spouse is arguably not a good example for young children.

Likewise, conviction of a felony can show a moral hazard for dependent children.  A felony conviction can indicate a breach of trust for the partners. It will almost certainly impact the future reputation and income of the incarcerated spouse and potentially the non-offending spouse. A probable affect on division is custody of children. Obviously, the incarcerated spouse is not going to be able to take custody.

Cruelty, abandonment, living apart, and confinement in a mental hospital have a common purpose of allowing a spouse to argue for the need for a divorce without necessarily needing the other spouse’s agreement.

Choosing the correct grounds for filing the divorce is a critical part of the process and the person contemplating divorce should think hard on basis. Of course, we urge that anyone contemplating a divorce consult with a lawyer before beginning the proceedings.

JOHN AND MORGAN is a versatile law firm that handles Family Law cases such as Divorce, Child Support, and Child Custody. We do Wills and Estate Planning. We also do Intellectual Property work such as Patents and Trademark

Call to schedule your consultation at 713-934-7000

Our Website