When you’re considering divorce in Texas, one of the first decisions you’ll face is which legal grounds to file under. While Texas law recognizes seven different grounds for divorce, understanding how to use them strategically can significantly impact your case outcome. This knowledge empowers you to make informed decisions and protect the future you’ve worked so hard to build.
The most common approach is filing under no-fault grounds, often referred to as irreconcilable differences. This simply means the marriage has become insupportable due to discord or conflict that has destroyed the legitimate ends of the marital relationship. No-fault filing doesn’t require you to prove wrongdoing by either party, making it a straightforward path forward for many couples seeking an amicable divorce.
However, there are circumstances where filing under fault-based grounds makes strategic sense. Adultery and cruelty are the two most commonly used fault grounds in Texas divorces. Cruelty as a ground for divorce typically applies in cases involving domestic violence or patterns of behavior that make living together insupportable. It’s important to understand that general unhappiness or disagreements don’t constitute cruelty under Texas law.
Adultery as a ground for divorce can be particularly significant for several reasons. First, it may impact how the court divides property, especially if community funds were spent on the extramarital relationship. Second, for many women, proving adultery carries cultural or personal significance that extends beyond the courtroom. Some women need this documentation for religious reasons, family considerations, or simply for the closure that comes with formal acknowledgment of what occurred.
Consider a scenario where a spouse has not only been unfaithful but has also spent tens of thousands of dollars on a paramour. Perhaps they paid for an apartment, furnished it, or provided ongoing financial support. In these cases, filing under adultery grounds allows you to trace those expenditures and potentially recover them as part of the property division. The money spent outside the marriage can be credited back to the community estate before division.
Cultural considerations also play a significant role in choosing divorce grounds. For women from certain backgrounds, having adultery officially recognized as the cause of divorce can be essential for their standing within their community and their ability to remarry. An experienced attorney understands these nuances and will fight to obtain the grounds that matter to you, even if it means going to trial.
The key is approaching your divorce with strength backed by strategy. This means carefully evaluating your situation, understanding what you need from the outcome, and choosing the approach that best serves your interests. Sometimes that means a no-fault filing for efficiency and privacy. Other times, it means pursuing fault grounds to achieve specific legal or personal objectives.
Whatever path you choose, having an attorney who understands both the legal landscape and the personal dimensions of divorce is essential. At Alexandra Geczi PLLC. Divorce & Family Law, our women-only firm brings 30+ years of combined experience to help you navigate these decisions with confidence. Divorce redefined: discreet, streamlined, and supportive.