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Law Office of L. Garth White, P.C.

The Family Law Advocate

GROUND RULES

What are the grounds for divorce in Texas?

A divorce may be granted in Texas using either "Fault" or "No-Fault" grounds.

Fault grounds include:

(1) adultery;
(2) abandonment;
(3) confinement for incurable insanity for three years;
(4) conviction of a felony and imprisonment for over 1 year;
(5) cruel and inhuman treatment. Condo nation may be asserted as a defense only if there is a reasonable expectation of reconciliation.

No-Fault grounds include:
(1) The marriage has become unsupportable because of discord or conflict that has destroyed the legitimate ends of marriage;
(2) living separate and apart without cohabitation for three years.

Of these, the "No-Fault" grounds are the most straightforward and easiest to prove.

Annulment

In a divorce, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove -- and is much rarer -- than divorce. If you want to go this route, you will definitely need to speak to an attorney. Of course, if you want an annulment for religious reasons, you'll need to consult with your priest, minister, or rabbi as well.

Documentation

You'll need to provide your lawyer with the following documentation in order to proceed with your dissolution. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

Full addresses and phone numbers of both parties.
Full names, birth dates, and addresses of all children of the marriage, their school and grade.
Information about any prior marriage of either spouse, including a certified copy of the divorce decree.

A copy of any domestic contracts (e.g. a prenuptial agreement).
Information about any previous legal proceedings between the spouses or involving any of the children.

Dates and particulars about any previous separations, attempts at reconcilliation, or marriage counseling.

Financial Data

Your previous year's income tax return, and any related data from the IRS.
Information about your current income, e.g. a current pay slip.
A list of substantial assets and liabilities of both spouses.

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