Divorce Lawyer Collin County TX
Whether to seek a no-fault divorce or make allegations of fault is a decision best discussed with a divorce lawyer Collin County TX trusts to evaluate the facts and make a custom strategy and litigation plan. Many divorces are no-fault divorces and the parties agree that the marriage is insupportable at no fault of either, and there is no chance of saving the marriage. Alternatively, a party could petition the court for a divorce based on one of the statutory fault grounds, such as infidelity or cruelty. This should be done when, based on one or more of the fault grounds, the party asking for the divorce is seeks a greater distribution of the community property in the marital estate.
What is No Fault Divorce, Also Called Insupportability?
No-fault divorce is a dissolution of marriage proceeding in which there is no required proof of fault. In Texas, like many states, in the past a party requesting a divorce was required to prove they had grounds for the divorce, such as infidelity. . Today, in Texas, the no-fault ground for divorce is called Insupportability which simply means the parties have personality conflicts which prevents the parties from continuing in the marital relationship, and there is no reasonable expectation of reconciliation.
What Are the Grounds in a Fault Divorce, and Why Plead Fault Grounds?
If the party petitioning for the divorce can successfully prove one or more of the fault grounds for divorce, they may be awarded a greater amount of the community estate. Proving fault grounds can be challenging and require investigators and additional litigation and costs. The judge hearing testimony and reviewing evidence may, in their discretion, grant the divorce based on the no-fault Insupportability ground or the fault grounds. The strategy and balance of resources and potential gain should be discussed with your divorce lawyer in Collin County TX.
What Are the Fault Grounds for Divorce in Texas?
- Cruelty: The other spouse is guilty of cruel treatment that makes living together impossible.
- Adultery: It is proven that one spouse committed adultery, cheating on the other.
- Conviction of Felony: One of the spouses was convicted of a felony, has been sentenced for at least one year, without pardon, and the spouse convicted was not convicted based on the testimony of the complaining spouse.
- Abandonment: One spouse has left the other with the intention of abandoning them and has been gone for at least one year.
- Living Apart: The spouses have been living apart without cohabiting for at least three years.
- Confinement in Mental Hospital: The other spouse has been confined to a state or private mental hospital for at least three years and the spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
Are There Defenses to Fault Grounds for Divorce?
Defending against fault grounds requires the party on the defense to assert and argue that the party seeking the fault grounds has not proven the elements of those grounds.
When people in Plano need a divorce lawyer Collin County TX recognizes as experienced and knowledgeable about the decision whether to plead fault grounds for divorce, they can contact Scroggins Legal and make an appointment with Mark L. Scroggins, who is board-certified in family law by the Texas Board of Legal Specialization.