Are there any grounds for an at-fault divorce?
Yes, there are grounds for an at-fault divorce in Texas. An at-fault divorce is one in which either spouse can prove that one of the parties is legally at fault for the grounds of the divorce. These grounds might include abandonment, adultery, cruelty, or conviction of a felony. In Texas, the no-fault divorce option is more common. This type of divorce eliminates the need to prove any wrongdoing, and is instead based on the fact that the marriage itself has unfortunately failed and cannot be repaired. The common no-fault grounds for divorce include insupportability or irreconcilable differences. However, if one spouse believes that the other spouse is at fault in the marriage, they can opt for an at-fault divorce in Texas. The spouse filing the divorce must prove that the other spouse is legally responsible for the divorce before it is granted. This requires evidence proving that the other spouse has actually committed or tried to commit one of the listed at-fault grounds. In addition to providing proof of wrongdoing, the spouse filing for divorce must also meet other requirements. This includes living in the state of Texas for at least six months before filing, and having the intention of being a permanent resident of the state. Furthermore, the petitioner must prove that the marriage is believed to be irretrievably broken and cannot be repaired.
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