Grounds for Divorce in Houston: What You Need to Know
Divorce is often seen as a last resort, and it should be. When facing marital problems, it’s crucial to explore counseling, mediation, taking some “alone time” during stressful periods like holidays, or seeking help from family members before making the ultimate decision. However, when all efforts to salvage the relationship fail, divorce may become the only option.
In Houston, divorce cases are generally granted based on one or more of the following grounds:
1. Adultery
Adultery is one of the most common causes of divorce and can significantly affect how the court divides property. If infidelity is proven, a judge may award a larger portion of the community estate to the innocent spouse, as it can be considered a factor in the breakdown of the marriage. If you’re facing this issue, consult with a Houston divorce lawyer who can help present your case.
2. Drug and Alcohol Abuse
Addiction to drugs or alcohol can have a devastating effect on a marriage. It often leads to financial strain, emotional neglect, violence, and exposure to harmful environments, particularly for children. If all attempts to help the spouse struggling with addiction have failed, the court may grant a divorce, especially if children are involved and the situation is dangerous.
3. Emotional Neglect
Emotional neglect, also known as inhumane treatment, is often harder to prove than physical abuse. If you are considering divorce on these grounds, you will need to demonstrate how your spouse’s actions have harmed your emotional wellbeing. Emotional neglect is often presented alongside other grounds, like physical abuse or adultery, to strengthen the case.
4. Separation of Two Years (Without Children)
A marriage is difficult to maintain when spouses live separately for an extended period, especially when no children are involved. If a couple has been separated for over two years, the court may view this as evidence that both parties are no longer interested in maintaining the marriage.
5. Desertion for Over One Year
If one spouse has been absent for over a year without a reasonable explanation or cause, this can be grounds for divorce. In such cases, the deserted spouse may file for divorce to end the marriage.
6. Conviction and Incarceration
If one spouse is serving a jail sentence, the other spouse may seek divorce. The prolonged absence due to incarceration can be a legitimate reason for dissolving the marriage.
7. Pregnancy (by Another Man)
If a wife is pregnant by another man before or during the marriage, and the husband is unaware, this could be grounds for divorce. A husband is not legally required to raise a child he did not father and was not made aware of at the time of marriage.
8. Impotency
Impotency, or the inability to conceive children, is grounds for divorce only if the affected spouse knew about it and did not disclose it prior to marriage. In some cases, courts may encourage adoption before considering divorce.
Other Grounds for Divorce:
- Attempt on the life of a spouse
- Refusal to support the other spouse
- Inability to reconcile after a separation decree within two years
If you’re experiencing any of these issues, it’s important to consult with an experienced Houston divorce lawyer to discuss your options and determine the best path forward.
