Divorce in Texas: Here Are Key Factors to Know

Divorce on Your Mind?

Divorce proceedings can be very emotional, time-consuming, and in some cases, the stress can be far too much to bear. Anyone can become overwhelmed by the thought of starting anew and splitting everything they have worked so hard to build their marriage.

Furthermore, the divorce procedure can become more difficult if children are involved. Understanding the legal process and understanding your rights, both before and after filing for divorce is crucial.

Divorce in Texas Rising

At least 75,000 Texas divorces occur annually, and 40 to 50 percent of all first-time marriages end in divorce, Texas Legal Help reported on their website.

Attorneys have said 'January' is usually the month when divorces happen, with couples choosing to stay together over the holidays and file for divorce shortly after. In fact, according to many attorneys in Texas, the first work week or the first day that students return to school is the most popular day for a spouse to file for divorce.

Filing for divorce may seem simple. But in Texas, a couple's request for a divorce must be supported by valid arguments or particular circumstances before a divorce can be granted.

Here are eight key grounds that the courts recognize for divorce under Texas law. Concise explanations of each factor are given in the following overview to assist in determining which category the divorce might fall under.

Cruel Treatment

In divorce proceedings, the grounds for cruelty pertain to one spouse intentionally and persistently causing harm or distress to the other spouse. The interpretation of "cruelty" is subjective and can lead to different outcomes among couples. What one spouse perceives as cruel, another may not view in the same light.

Often, presenting testimony from a witness willing to attest to the cruelty or collecting evidence through a private investigator may substantiate claims of cruelty by the other spouse. It's important to note that trivial disagreements or arguments do not meet the threshold. A pattern of deliberate and ongoing infliction of unnecessary physical or emotional harm must be established to be considered valid.

Divorce in Texas. Photo by Afif Ramdhasuma on Unsplash

Felony Conviction(s) Can Trigger Divorce

In cases where a spouse has been convicted of a felony and he or she hasn't been pardoned during the marriage, it is often considered valid grounds for divorce. Additionally, if a spouse has served at least one year in state or federal incarceration, this could also serve as a basis for divorce proceedings.

What is critically important is that situations where one spouse's testimony led to the conviction of the other spouse might not automatically qualify as sufficient grounds for divorce. Each instance will be evaluated on an individual basis, taking into account the circumstances surrounding the felony conviction and the level of involvement of the spouse seeking divorce in the said conviction.

Spousal Support

Spousal maintenance is determined on a case-by-case basis. According to Texas Law Help, long-term spousal financial support might discourage another body-abled spouse from supporting themselves There are four specific ways in which a spouse can be awarded spousal maintenance:

1. On another note, If a spouse has been convicted of or received deferred adjudication for a family violence offense against the other spouse or the other spouse's child within two years before filing for divorce or while the divorce is pending. The length of the marriage is irrelevant.
2. If the marriage has lasted for at least 10 years and: - The obligee lacks sufficient property or income to meet their reasonable needs, and - The obligee is either:
   1. disabled,
   2. the primary caretaker of a disabled child, or
   3. lacks earning ability to meet their minimum reasonable needs.
3. If the parties agree that spousal maintenance be paid for a specific time frame.
4. If a spouse is a sponsored immigrant, they could enforce the Affidavit of Support executed by the other party and request that the court order the sponsor to provide the immigrant spouse with 125 percent of the Federal Poverty Guidelines until the immigrant spouse becomes a U.S. citizen or until they have earned 40 credits of work history.

Adultery: Cheating on Your Spouse

In Texas, demonstrating a spouse's adultery is a valid reason for divorce. Evidence supporting this claim typically includes receipts, communication records, financial transactions, text messages, and other substantial proofs. Mere suspicions do not meet the criteria for divorce on grounds of adultery.

Importantly, post-filing actions of adultery can impact the divorce proceedings. For instance, if one spouse initiates divorce proceedings but the other enters a new relationship before the divorce is finalized, it may influence the court's decisions. It is best to hold off on entering into new relationships until the divorce is officially granted.

Divorce judgement. Image by Mohamed Hassan from Pixabay

Not Living Together

A married couple may have legal grounds to begin divorce procedures if they have lived apart for three years or less without cohabiting. Additionally, the pair are required to maintain separate dwellings throughout the three years.

If one spouse voluntarily moves out of the marital residence and has no plans to return, this may be sufficient grounds for divorce.

Mental Hospital Confinement

Of all the requirements mentioned this element of divorce is exceedingly difficult! If one partner has been institutionalized in a public or private mental health facility for a continuous period longer than three years, the other partner may be able to establish reasonable grounds for filing for divorce. This claim can be bolstered by presenting credible evidence that indicates the other partner is more likely to relapse or is unlikely to recover, which will further bolster the case for the need to end the marriage. Having said that, it is important to realize that these limitations do not apply if the detention occurs in the state of Texas.

Insupportability Grounds for Divorce

Couples who mutually decide that their marriage is no longer sustainable may regard insupportability as a legitimate basis for dissolution if none of the previously listed reasons for divorce apply.

In accordance with section 6.001 of Texas Family Law, insupportability allows for a divorce to be granted without attributing fault, provided that the marriage has reached a point where discord or personality conflicts have irreparably undermined the marriage's foundational purposes, making reconciliation unrealistic.

Insupportability is a recourse available to couples who want to end their relationship amicably or agree that their disagreements are irreconcilable and will never be reconciled. It is possible to use insupportability as justification for starting the divorce process, regardless of the reasons behind the irreversible discord-such as drifting away, ongoing communication problems that result in regular arguments, or other circumstances.

Of course, additional reasons for divorce apply to physical and excessive verbal abuse, financial woes, fraud, a spouse abusing a child or children, sexual abuse of children, etc.

Any Children? How Much Child Support Is Owed?

Texas's standard child support computation is relatively simple in comparison to other states because it is based on a fixed percentage of the supporting parent's net income.

Number of Children Percentage of Obligor's Net Income:

1. (1) 20%
2. (2) 25%
3. (3) 30%
4. (4) 35%
5. (5) 40
6. (6 or more children) 40%

In certain situations, the couple can agree to lower or more child support amount different from the amount calculated under the Texas Child Support Guidelines.

Divorce in Texas is a legal article for informational purposes only. The content herein should not be considered as a professional legal opinion or advice. Please contact an attorney, if you need legal help concerning the issues mentioned in the content.

Legal Journalist & Editor Clarence Walker can be reached at HoustonNewsToday@yahoo.com