Attorney Megan Naglveiter discusses divorce in Texas.
At the Lorenzana Law Firm, P.C., our Texas divorce attorneys and lawyers are experienced in handling all matters concerning divorce from the initial divorce consultation to the filing of the petition for divorce in district court and through final hearing or trial. The firm’s objective and philosophy in handling divorce cases is geared towards the client’s best interest with the utmost care yet aggressive litigation positions to maximize our client’s winning advantage in the divorce lawsuit.
Although in a number of states in the United States, fault is still an issue or factor in divorce, in Texas the divorce legal procedure is under a “no fault” jurisdiction. In other words, any one individual of the marriage relationship can file for a petition of divorce with or without claiming fault in the marriage but merely stating or pleading that the marriage has become insupportable or irreconcilable.
However, even though Texas follows a no fault jurisdiction, fault can still be a factor in the ultimate dissolution or divorce proceeding in that fault can bear a factor in terms of the property settlement and or the custody of the children of the marriage. Fault can be plead and be based on factual allegations including that of:
- Cruelty in the marriage
- Adultery committed
- Conviction of one spouse of a felony criminal offense in Texas
- Abandonment by one spouse
- Living apart without cohabitation for at least three years; and
- Confinement in a mental hospital.
Although very rarely defended, Texas does allow for condonation as a valid legal defense only if the court finds that there is a valid reasonable expectation of reconciliation. As a matter of practicality, most individuals would have already tried marriage counseling or having given the marriage enough time before they consult with a divorce attorney. In most cases clients have already given much thought into filing for divorce when consulting a divorce lawyer.