Entries

How Family Law Attorney in Houston Can Help You Get a ‘Fault’ Divorce

The family court offers you two options for making a petition for divorce. Depending on the setting of your marital status and issues, family law attorney in Houston can suggest and file your case on ‘no-fault’ or ‘fault’ grounds ( parchmanlaw/Family-Law-Houston ). Obviously the option they choose depends on the legal provisions of the State laws where you are married and now living.

No-Fault Grounds

Rather than focusing on particular acts like domestic violence, adultery, or substance abuse etc, no-fault ground may consider a divorce based on ‘irreconcilable disparity’ or ‘permanent collapse’ of a marital relation according to state law. In brief, the term displays that the spouses involved do not live together (living separated for a considerable time) and the relationship is beyond repairable condition. In order to get a no-fault divorce either single or both spouses can hire a family attorney in Houston and file a petition.

Fault Divorce

Filing a divorce based on fault grounds is quite a common scenario, and it doesn’t require you to meet the criterion of ‘living separate’ as applicable for no-fault grounds. However, the spouse charging the opponent to be at-fault needs to be proved into the courtroom. Incidentally, before alleging your spouse, it’s essential that you consult with a family attorney in Houston who analyzes the entire episode, verifies the evidences you’ve or likely to come in the process and accordingly put a plea on your behalf.

• Cruel/ Inhuman Behavior

As termed by the law, inhuman behavior or cruelty is not simple misconduct or general conflicts that couples often come-across in daily life. Continued cohabitation threatens that make a spouse physically or mentally unstable, or continual mental torchere, domestic violence and physical abuse can be taken as granted by the court. This needs to be proved by you as well, by your family law attorney in Houston before the judge.

• Adultery

Alleging a spouse of adultery (having physical relationship with a third party) is no more treated as a crime (fault) in different countries, as well as many states in the US, and Texas is one of them. So filing a case against your cheating husband/wife may not grant your plead, while appealing on adultery ground equipped with a family law attorney in Houston can be beneficial for you to have sole custody right of your child. On the contrary, if you can prove that involvement in adultery has been a ground of breakup in your marital relation or you are being deprived of financial benefits too ( https://www.parchmanlaw.com/blog ), then the court may consider a divorce at the same time panelizing your spouse.

• Incarceration/ Insanity

If your spouse is imprisoned due to any criminal affair for more than a period/ detected of mental illness for quite a long period of time, you can talk to a family attorney in Houston and appeal for a fault divorce.

• Impotence

If a spouse is incapable to perform sexual intercourse, another part can appeal for a divorce.

• Substance Abuse

Almost all states in the US, now serious on this issue and grants a divorce on the grounds of habitual drug / alcohol addiction of a spouse. Consult a family attorney for further advice and appeal.