Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.

What are grounds and fault for divorce?

Not all marriages last, and unions in the state of Texas may head toward dissolution. Married individuals could have concerns and questions about state laws regarding the process of filing divorce. In general, Texas law does not provide impediments to spouses initiating a divorce.

Basic statutory points about divorce in Texas

Texas law supports no-fault divorce. If both spouses agree that a marital breakdown has resulted from irreconcilable differences, then a divorce decree appears eminent.

However, Texas also offers options to sue for a fault-based divorce. In a fault-based divorce, one spouse points to wrongdoing committed by the other spouse as the basis for the divorce. Infidelity and physical abuse reflect two actions that may support a fault-based divorce.

If one spouse contests the notion of being at fault for the divorce, then a court must rule on the matter. The spouse claiming divorce on the grounds of fault must provide evidence, such as videos, texts, witness testimony and more.

Some people wonder why it might be worthwhile to seek an at-fault divorce judgment. Texas is a community property state, so legal statutes detail rules regarding property division after divorce. When one spouse’s actions contribute to the marriage breaking apart, his or her fault might factor into how the court divides assets.

Other points about divorce in Texas

One essential item to address when couples in Texas wish to divorce involves determining jurisdiction. Under state law, someone filing for divorce in Texas must be a resident for six months, and the spouse filing the divorce papers must remain a resident of the county for 90 days.

Those who do not meet one or both statutory requirements might need to consult with a divorce attorney about how to move forward. A family law attorney may also answer questions about divorce settlements and proceedings.

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

Toll Free: 888-447-9456
Phone: 210-807-8158
Fax: 210-227-5353
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