A divorce in Texas may go one of two ways. You may choose to file under one of three no-fault grounds or one of seven fault-based findings. The way you proceed depends on the circumstances surrounding the separation.
No-fault reasons include living apart for a lengthy time, mental hospitalization and insupportability or irreconcilable differences. These three reasons may arise in circumstances where your spouse is not reachable. In the case of insupportability, the case may proceed through normal channels. These are some of the most popular grounds for a fault-based divorce filing according to Texas State Family Code.
The most commonly used basis for an at-fault divorce is one spouse cheating on the other. To make this mean something, the innocent spouse must have evidence of the affair. While this does not have to be physical proof, the record must contain evidence, such as financial statements, that support this path.
One spouse may file for divorce if the other is abusive physically, emotionally or mentally. The innocent spouse must again have a basis for this filing, and proof in the form of police reports, medical records, and prior court proceedings may come in handy.
When one spouse leaves and stops supporting the other financially or emotionally, an abandonment claim may ensue. During this proceeding, the spouse who is no longer around may have to appear and explain the absence.
There are a few ways you can go about filing for divorce in Texas. Since no two divorces are alike, getting some advice on how to proceed may prove beneficial.