Proper grounds for divorce. There used to be a time when divorce was frowned upon. People just did not do it very often because marriage was seen as it should be seen – a covenant relationship between two people and God. Spouses were not without faults, but they were willing to go to great lengths to work out their differences. Why? Well, the marriage was worth fighting for.
Today, 50% of all marriages end in divorce. Oh, how times have changed.
I am not saying people do not have reasons to end their marriages. Some people simply should not be together. But not all of them have the proper grounds for divorce. As a society, we have made the reasons (grounds) for divorce more palatable over time. As a result, the stigma I mentioned earlier disappears. The marriage is no longer an entity worth preserving because spouses fail to consider each other’s perspectives.
Every state is different, but it is extremely easy within the regulatory framework of Texas to prove a marriage is insupportable. This is called grounds.
What are grounds for divorce, exactly?
If you reside in Texas and are thinking about ending your marriage, you need to know that you must plead and prove at least one legally sufficient reason (“grounds”) for your marriage to end. When I say grounds, I mean the specific reasons that led one or both spouses to believe that getting a divorce is the answer.
No-fault grounds for divorce:
- Insupportability — This involves personality conflicts that you and your spouse have and are not likely to overcome. Testimony includes that your marriage (1) has become insupportable because of discord or conflict, (2) the discord or conflict destroys the legitimate ends of the marriage, and (3) there is no reasonable expectation of reconciliation.
- Living apart — If you and your spouse have not lived together for at least 36 months.
- Confinement in a mental hospital — If either of you has been in a mental hospital for at least three years, the court can grant a divorce if it appears that the spouse’s mental disorder is to such a degree and nature that the spouse is not likely to adjust. One caveat is that you must have a guardian ad litem appointed for the confined spouse.
Fault grounds for divorce:
- Adultery — If you cheated on your spouse.
- Abuse — The court can grant a divorce if it determines that your spouse “is guilty of cruel treatment” toward you.
- Conviction of a felony — If your spouse has been convicted of a felony during your marriage, imprisoned for at least 365 days, and has not been pardoned, the court can grant a divorce. However, a divorce can’t be granted against a spouse who is convicted on the testimony of the other spouse.
- Abandonment — A spouse has left for one year or more or has left with the intent to abandon.
Grounds and restoration for forgiveness
I realize this is all subject to debate, but at the end of the day, marriage is a covenant relationship in God’s eyes. When we divorce, that is a physical breach of that covenant. So when we begin looking at divorce as a potential answer, we should first be looking at it only as a last resort.
When possible, confession, looking into a person’s heart, forgiveness, reconciliation, and restoration should be the first steps we take. As a believer, I counsel my clients to give it 100% before filing for divorce, the lesson here is that if each spouse focuses their time, attention, and talents on improving their relationship with God, it will bring them closer together. If they keep finding fault in each other instead of themselves, all it does is push them away.
Call Nelson Law Group today!!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of experience in family law to each and every case.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A Nelson, click here.