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Do you need to give the court the reason you are divorcing?

On Behalf of | Aug 5, 2022 | Divorce |

Your marriage may end for a variety of reasons. Does the court require details of the demise when filing for divorce?

One of the first things you should decide before filing divorce papers is whether you plan to pursue a fault-based proceeding. The standard in recent years is to go the no-fault route and cite the reason for your request as the irretrievable breakdown of the relationship. However, you may want to consider citing another reason or ground for the divorce.

What are examples of grounds for divorce?

Texas law gives you a choice when citing grounds for your divorce, including:

Adultery

Your spouse has engaged in an extra-marital affair with another person.

Cruelty

Your spouse has inflicted serious physical or mental harm.

Felony incarceration

Your spouse faced conviction and prison time for a felony crime.

Abandonment

Your spouse left you, and you have not spoken to or seen each other in three years.

Mental health confinement

Your spouse needs confinement in a mental health hospital for serious issues.

Why choose a fault-based divorce?

Sometimes, a fault-based divorce may proceed quicker, especially when you and your spouse have physically lived apart for three years or longer. In other instances, you may want to name a reason for the divorce to gain an advantage in property division or child custody. While uncommon, it does happen. Keep in mind that you need to provide court irrefutable proof that your spouse has committed whatever ground you seek the divorce under. It is not enough to tell the court what your spouse did.

Pointing fingers during a divorce may not always work in your favor. However, you will not know if it could benefit you until you speak to someone who understands the divorce process.