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Even thinking about the concept of divorce can bring heartache to many hurting couples. Divorce is not an easy legal matter to handle, especially when matters of child support and child custody have to be determined. There are different types of divorces, contested and uncontested. Even in uncontested divorces, which are those involving amicable relationships, emotions are typically very sensitive. Feelings of anger, loss, pain, and frustration are typically found and one of our Texas Divorce Attorney from The Carlson Law Firm is available to help ease some of the burdens from your situation.
Divorce is never an easy thing. Yet, once the process starts, it’s crucial to have legal representation every step of the way to ensure that your rights are always protected. We will do everything we can get reach an amicable solution without going to court, but in the event that trial becomes necessary, we will fight diligently to get you the results you want.
Divorce in Texas – No Fault vs. Fault-Based Divorce
Most divorces in Texas are considered no-fault divorces, where both parties agree to divorce on grounds of being unable to sustain the marriage. There are certainly times when a divorce attorney may advise a client that there are grounds for an at-fault divorce and suggest that this type of divorce be filed. Knowing the difference between these two types of divorces before filing either a no-fault or fault-based divorce is important in Texas. When grounds for an “at-fault” divorce are applicable, a person considering such action should seek the advice of a divorce lawyer to help decide if this type of divorce action should be considered.
What Is No-Fault Divorce?
In Texas, a no-fault divorce applies when one or both spouses can no longer support or agree to the marriage. In this type of divorce, both spouses agree that they cannot stay married and have agreed to file for a no-fault divorce, which is an easier type of divorce to handle than a fault-based divorce.
What is Fault-Based Divorce?
Unfortunately, not every divorce is a simple no-fault one, particularly when spouses do not agree on a divorce. In this situation, the party seeking a divorce can have their divorce attorney file based on fault, naming the reasons why the marriage is not sustainable. These reasons may include adultery, abuse, cruelty, mental incapacity, felony conviction, three years or more of living apart, and abandonment. These are called Grounds for Divorce.
Grounds for Divorce
When it comes to establishing the grounds for divorce, the state of Texas has seven that can be considered. Grounds for divorce are reasons that a married couple will be able to legally get divorced. These seven reasons to get divorced include:
This is the most common reason for divorce, which alleges that the marriage has become insupportable as a result of disagreement and conflict. If you and your spouse are not getting along anymore and you cannot see another solution, this would be your solution to choose. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”
If your spouse has treated you or children in a cruel or abusive manner and living together is no longer an option, this would be the option to choose. Cruel treatment means the behavior of one spouse is so extreme as to make it impossible for the parties to live together under the same roof. This cruel treatment can be physical or emotional in nature. Evidence can be hard to come by in order to prove cruel treatment in a divorce so a party who wishes to plead cruel treatment as a ground for divorce ought to be open and honest with the attorney so that necessary evidence can be located. This grounds for divorce is also often alleged.
Adultery damages hundreds of thousands of marriages in the United States each year. Generally, marriages that experience an affair end in divorce. It is when one spouse is not faithful to the other. Texas defines adultery as voluntary sexual intercourse with a person besides your husband or wife. If you are filing for divorce based on adultery, you should be prepared to show the court proof of the affair.
In the state of Texas, if your spouse has been convicted of a felony, is imprisoned for a year or more and has not been pardoned, a divorce can take place. This cannot take place if the convicted spouse was imprisoned on the testimony of the one pursuing divorce.
If your spouse has abandoned you a divorce can be accomplished. The important part is that the abandonment had to have lasted for a year or longer.
If you and your spouse have lived apart for at least three years, a divorce is a possibility. This is used when it is a mutual agreement to live separately.
Confinement in a Mental Facility
If your spouse is in a mental hospital and has been for three years, you can pursue divorce. When they do not appear to be improving, a divorce can take place.
Why Choose A Board-Certified Family Law Attorney?
Filing for divorce has many aspects involved. It is a process that is best accomplished with the assistance of an attorney from our firm. We can be your guide through the situation and walk you through each step of the process. No matter what the grounds for divorce, A Texas Divorce Attorney from The Carlson Law Firm understands that this is a difficult situation, which is why we are available to help.
According to the Texas Board of Legal Specialization, there are more than 90,000 licensed attorneys in Texas while only 7,150 of them have earned the title of “specialist” in their particular area of the law. That is less than 10% of attorneys in the state of Texas. The Texas Board of Legal Specialization recognizes 22 practice areas that attorneys can specialize in, one of them being Personal Injury Trial Law. Of the 7,150 Board Certified Attorneys in Texas, less than 900 of them are certified in Family Law. This means that only around 11% of Texas attorneys are considered Board Certified Specialists in this area of the law. One of those attorneys is on staff at our firm.
According to the Texas Board of Legal Specialization, “Board Certified Lawyers earn the right to publicly represent themselves as a specialist in a select area of the law. In fact, they are the only attorneys allowed by the State Bar of Texas to do so.”
Board-Certified Attorney At The Carlson Law Firm
Our attorney Steve Walden is a family law specialist, and this can prove to be an immense benefit to our clients. The Texas Board of Legalization offers Board Certification in order to distinguish those attorneys who have exemplified superior skill and knowledge in their field. A Board Certification is a mark of excellence that sets these attorneys apart from the rest. It is not only extremely difficult to pass the test to become Board Certified in Family Law, but these attorneys must also remain involved in the Family Law field and obtain periodic reviews from peers in that field. The process is rigorous, but the results are worthwhile. Hiring a Board Certified Family Law Lawyer can make the difference between the success or failure of your case.
Why A Texas Divorce Attorney From Carlson Is The Right Choice For You
The Family Law Lawyers at The Carlson Law Firm have been protecting the rights of Central Texas families since 1976. We strive to provide the help that clients require during difficult legal situations. You will need to ensure that your well-being is cared for when it comes to a divorce, and our firm is here to help. We can be your guide through this often difficult situation. To schedule your free, no-obligation consultation, contact one of our offices in Killeen, Temple or Round Rock. Our Central Texas Family Law attorneys serve clients in Williamson, Bell, Coryell, Lampasas, and Milam counties.