Understanding Fault and No-Fault Grounds for Divorces in Galveston

If you are considering a divorce in Galveston, you might be wondering if you have a ground to do so. Although celebrity divorces make the process seem straightward, you must know that courts in Texas require couples to have a valid reason. To get a divorce, you need to raise and prove at least a ground for it to be granted. Indeed, the Texas Family Code offers several grounds for divorce categorized into fault or no-fault divorces. The kind of divorce you may file can significantly impact the outcome of the marriage dissolution. If you are not sure if you have a ground for a divorce, you should contact a divorce attorney in Galveston

Fault Grounds for Divorce

A fault divorce requires the person requesting the divorce to prove the other party has done something wrong. The following are the most common fault grounds:

  • Adultery. If you can prove that your spouse was having an affair, you have grounds for a divorce. You can prove adultery using circumstantial evidence such as receipts or bank statements that show purchases of gifts, loans, or trips for a lover. Keep in mind that you need more than just mere suggestions and innuendo to prove adultery. Also, note that acts of adultery after you file for divorce can still support a fault-based judgment against the spouse who committed adultery. That is why couples should avoid getting into a relationship until the divorce has been finalized. 
  • Cruelty. You have a ground for divorce in Galveston if your spouse willfully caused pain and suffering to you. Because cruel treatment is relative, every case should be determined on its own facts. For cruelty to be upheld as a fault, it must be a willful, persistent infliction of unnecessary suffering. 
  • Abandonment. A divorce can be granted by a court on the ground of abandonment if the latter is voluntarily made by a spouse. Also, this spouse should have left with the intention of abandonment and remained away for a minimum of one year. This person should not have the intention to return to live with the complaining spouse.

No-Fault Grounds

A Galveston court may grant a divorce through insupportability. This ground means the marriage is no longer endurable, intolerable, and insufferable. The spouse who files a divorce must prove the marriage has become insupportable because of the conflict. Another no-fault ground for divorce is separation for at least three years. This means the couple has been living apart and can’t have cohabitated during this time.  

Published in Law