Answers Posted By: Beverly J. Greely
I was recently married and its just not working out. Must I have a grounds for divorce or show fault?
You may get a divorce without regard to fault if the marriage has been insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
In what instances would it be advantageous to show fault?
The Courts consider fault in the breakup of the marriage or grounds for divorce when either party is requesting an unequal division of property or when custody of the child is contested.
What grounds for divorce are considered by Texas Courts?
Generally, cruelty, adultery, conviction of a felony, abandonment, living apart for 3 years, and confinement in a mental hospital. All of these grounds have additional specific requirements and defenses as set forth in Texas Family Code, Grounds for Divorce and Defenses, Chapter 6.
Where can I file for divorce?
You may file for divorce in Texas if you or your spouse have resided in the State for at least six months prior to filing and lived in the county where you intend to file for the preceding 90-day period.
My spouse and I know we want a divorce and we agree to that, but we cannot agree on the custody of the children. May we get our divorce and take care of the custody issue later?
No. Divorce and the conservatorship of the children are not severable actions. The divorce will consist of the dissolution of the marriage, the division of the marital estate and the custody and support of the children. On the other hand, if you and your wife are separated and decide that you want a court order regarding custody and support of the children, that can be done in a suit affecting parent-child relationship without the necessity of filing for divorce if you’re not quite ready to divorce.
Under what circumstances may I get an annulment instead of a divorce?
The Court may grant an annulment of a marriage under the various circumstances, including underage, under the influence of alcohol or narcotics, impotency, fraud, duress, force, mental incompetency, a concealed divorce, and marriage within 72 hours of issuance of a license of marriage. All of these circumstances have additional specific requirements and defenses as set forth in Texas Family Code, Chapter 6, Subchapter B
How soon after my divorce may I remarry?
You may not marry anyone, other than your ex-spouse, before the 31st day after the date of your divorce. Upon a showing of good cause, this prohibition against remarriage can be waived as long as a record of testimony is recorded by a court reporter at the final hearing on your divorce or a findings of fact and conclusions of law are filed with the Court.