Grounds for Divorce in Texas…Family Lawyer Explains

Before filing for divorce, it is important to know what exactly will qualify as a proper ground for divorce under the Texas Family Code. Need a divorce attorney in Houston, call (832) 410-8935. Let’s jump right in… Texas law has listed the following as proper grounds for divorce: insupportability, cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital. It is important to note that Texas is a “no-fault divorce state”; this means that if one spouse files for a divorce, it is not necessary that the non-filing spouse have committed what constitutes “a bad act”. The Texas Family Code defines these grounds as listed below (Tex. Fam. Code § 6.001 – 6.007): Insupportability Divorce may be granted due to insupportabiliity – more commonly known as irreconcilable differences – if “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” This is the most common ground for divorce in Texas; again, fault will not be considered in this ground.   Cruelty Divorce may be granted in favor of one spouse due to cruelty if, “the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.” The statute is vague as to what constitutes cruel treatment. Adultery Divorce may be granted in favor of one spouse due to adultery if, “if the other spouse has committed adultery”. Again, the statute is vague as to what constitutes adultery. Conviction of a Felony Divorce may be granted in favor of one spouse if during the marriage, the other spouse has:  has been convicted of a felony; has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse. Abandonment Divorce may be granted in favor of one spouse if the other spouse: (1)  left the complaining spouse with the intention of abandonment; and (2)  remained away for at least one year. Living Apart Divorce may be granted in favor of either spouse if “the spouses have lived apart without cohabitation for at least three years.” Confinement in a Mental Hospital Divorce may be granted in favor of one spouse if at the time the suit is filed: (1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state (Texas) or another state for at least three years; and (2)  it appears that the hospitalized spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable. What About Defense to Divorce? The only defense for any of the above-listed grounds is condonation,...
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What Is An Attorney Ad Litem In Texas?

If you need to speak to a Houston Divorce Lawyer, call (832) 410-8935, we offer free consultations over the phone to most clients. Who is an Attorney ad Litem? When dealing with some court proceedings, the appointment of an “attorney ad litem” might be necessary. The Texas Family Code defines and attorney ad litem as “an attorney who provides legal services to a person, including a child, and who owes to the person the duties of undivided loyalty, confidentiality, and competent representation”. (Texas Family Code Annotated §107.001(2)). In short, the attorney ad litem is appointed by the court to represent and advocate on behalf of a ward, or proposed ward in a legal proceeding. It is important to note that the attorney ad litem is different than the guardian ad litem – the attorney protects the legal interests of the ward or proposed ward, while a guardian ad litem does not interfere in the ward or proposed ward’s legal interests, but will encourage for the “best interest” of the Ward or proposed Ward. When is an Attorney ad Litem be appointed? An attorney ad litem is appointed by the court in the following proceedings: Guardianship proceedings, Heirship Proceedings, Family Law Cases. Guardianship Proceedings A guardianship proceeding is a proceeding that involves a Ward or proposed Ward’s person or property. Texas law allows a probate judge to appoint an attorney ad litem to represent the legal interest of a Ward or proposed Ward of an estate or person. This is different than a guardian ad litem in such matters, in which the guardian ad litem will represent the “best interest” of the Ward or proposed Ward. Heirship Proceedings Often times, an attorney ad litem is appointed in an heirship proceeding. An Heirship proceeding is a proceeding that takes place in the probate court in which the court determines the estate’s rightful heirs and in which the assets of a deceased individual are distributed. In an heirship proceeding, it is monumental that the entire estate is divided to the its rightful heirs. In instances in which potential heirs are incapacitated, underage, or missing, the probate judge will likely appoint an attorney ad litem to represent their interest. Family Law Proceedings An attorney ad litem may also be appointed in instances of child abuse in which Child Protective Services (CPS) takes action to terminate the parent-child relationship. In these cases, the attorney ad litem will represent the interests of a child. The court may also appoint the attorney ad litem to represent the child in custody or divorce matters. These proceedings are usually long and emotional ones; thus, in order to best protect the interests of a child, the court will usually find that appointing an attorney ad litem is the best legal option. If you need to speak to a Houston Divorce Lawyer, call (832) 410-8935, we offer free consultations over the phone to most clients. See also… Houston Divorce Lawyer – Flat Fee Texas Attorney General Child Support Calculator

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