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Texas Fault and No-Fault Grounds for Divorce

To obtain a divorce in Texas, the parties must meet a number of requirements such as residency of six months by one party in the state, and 90 days in the county where the divorce is filed. The parties must follow the proper procedural path and must file all papers in a timely fashion.

One of the requirements for divorcing in Texas revolves around making a showing of grounds. An experienced family law attorney can sit down with you and help you choose the best option for filing your divorce.

Filing for a no-fault grounds divorce

Texas allows one partner to file for a no-fault divorce. To file for your divorce based on no-fault grounds, you (the petitioner) allege that the marriage is insupportable. This means the relationship is so broken due to discord and an inability to get along that there is no reasonable expectation of reconciliation. Even in a no-fault divorce, when making a property allocation, the court may take into account the fact that one party is at fault so it is often wise to list grounds in your no-fault petition.

Filing for divorce based on fault grounds

There are a number of Texas grounds for divorce including:

  • Cruelty
  • Adultery
  • Imprisonment for more than a year
  • Felony conviction
  • Abandonment for at least one year with intent to abandon
  • Living separate and apart for at least three years
  • Confinement to a mental hospital for at least three years.

Your Houston divorce lawyer can help you determine the best way to file for divorce.

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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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