Category: Divorce Law Firms

When spouses seek to file for divorce, their divorce attorneys will discuss with them the different grounds they can file on and which is most suitable.

Grounds are basically the reasons a spouse and their divorce lawyer will state as cause for their request when filing divorce papers with the court.

Though Texas is a no-fault state, meaning there is no punishment for wanting a divorce, there are 7 grounds for filing, including when filing no-fault that spouses should know about.

1. No-Fault - Insupportability - Also referred to as irreconcilable differences and no-fault, this is the most commonly stated reason seen at divorce law firms for no-fault divorces when the issue is simply one of no longer being in love or wishing to be married. 
2. No-Fault - Living Apart - Spouses who have lived apart for more than 3 years can claim this as their reason to divorce in Texas according to divorce law firms. 
3. No-Fault - Institutionalized - Should one spouse be confined to a mental health institution for 3 or more years and the prognosis is not favorable, the other spouse may file a no-fault divorce on these grounds.
4. Fault - Adultery - A spouse can file on grounds of adultery if they and their divorce attorney are able to prove in court that the other spouse cheated within the marriage. 
5. Fault - Cruelty - The Texas family court may grant a divorce on the grounds of cruelty when one spouse is guilty of cruelty against the other spouse in such a way that it makes it impossible to maintain the marriage. The definition of cruelty is open to interpretation based on the circumstance, so an experienced divorce lawyer should be involved in the divorce case to help determine that.
6. Fault - Felony Conviction - A spouse may file on these grounds if their spouse is convicted of a felony, has served a year or more in prison, and has not been pardoned. 
7. Fault - Abandonment - A spouse who has left their spouse and lived apart for more than a year with no intent to return, the abandoned spouse can file for divorce on these grounds.

When deciding on grounds to file a Texas divorce, filing spouses should discuss their situation at length with their divorce lawyer to decide on the most suitable option.

There are times when, even though a spouse can file on certain grounds, choosing a no-fault path might be more beneficial for them.

The professionals at an experienced divorce law firm can help spouses to consider this important decision and file in the way that is best for them.

Getting divorced is a fairly easy process, though it does require following a specific procedure, including filing a petition for divorce.

Because the process can seem confusing at first, many choose to turn to divorce lawyers to help them understand the process and get it started, then represent them later during the negotiations.

The petition for divorce is essentially a notice to the court that divorce is sought by a spouse and the starting point from where they and their divorce attorney wish to begin the divorce and/or negotiation process to get the divorce procedure in motion.

To accomplish this, divorce law firms can help clients through the step-by-step process of filing the petition for divorce to get the process going:

1. Identify Which County Has Jurisdiction - A divorce petition must be filed by a divorce attorney in a county that has jurisdiction based on one of the two spouses meeting certain residency requirements. To file in Texas, one spouse must have lived in the state of Texas for at least the last 6 months. To file in a county, the filer must have lived in that county for at least the last 90 days.
2. Determine Whether Contested or Uncontested - When spouses agree to divorce and work out terms amicably, divorce lawyers encourage the filing of a simpler, uncontested divorce. If there is no agreement to divorce or there are other issues that spouses cannot agree on, a contested divorce can be filed. It is highly recommended that those filing contested divorces retain their divorce attorney to help them through the process of negotiating a contested divorce and, if necessary, represent them in divorce court.
3. Structure the Petition - The contents of the petition should be structured by a law firm to reflect a contested or uncontested divorce plus document and address other issues such as residency requirements, how the papers will be served to the other spouse, any grounds, any required marital and separation information, plans to divide property, custody decisions, and other essential information. An experienced divorce lawyer can help with the structuring of a valid petition for divorce.
4. File the Petition - Once filled out, the petition is normally filed by the representing law firm with the county clerk, who will assign a case number and a court number to the case.
5. Serve the Petition - Once the petition has been drafted and filed and a case number officially assigned, the spouse will be served with papers. What happens from that point forward depends on the other spouse’s response.

In summary, to begin any divorce proceeding, those wishing to file should discuss their situation with an experienced divorce lawyer who can help them determine where to file, how to file, and document all the pertinent information required to file the required petition for divorce.