Archives: Fault Grounds

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Changes from 2018 and looking ahead to 2019 for Texas family law

The Texas Legislature convenes every two years, with 2019 being one of those. Each session, proposed new laws get introduced that will affect family law in Texas. It is expected that a bill will be introduced to remove no fault divorce and require proof of fault grounds for all Texas divorce and extend the waiting … Continue Reading

Fault or no fault — that is the question

A client recently asked about divorcing her husband who was pending felony criminal charges. Texas is generally a no-fault divorce state. This means that one spouse may seek and be granted a divorce based solely on the irreparable breakdown in the marriage relationship without showing anything else. However, Texas allows for a fault-based divorce decreed … Continue Reading

What is adultery in Texas?

This is another in my Super Simple FAQs series… What is adultery in Texas? Adultery is a legal term in Texas that means the voluntary sexual intercourse of a married person with one not the spouse. Texas Family Code § 6.003. Adultery does not have to occur pre-separation for it to be a ground for … Continue Reading

Insupportability deciphered: the plain English of “no fault” divorce in Texas

What is "insupportabilty"? We often encounter this question from new or prospective clients. According to the Texas Family Code: "the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." Tex. Fam. Code §6.001. But what does this really mean?… Continue Reading

No Alienation of Affection Claims In Texas

Recently there has been quite a bit of media exposure over alienation of affection claims arising out of a North Carolina Court. Under the case in North Carolina, the mistress who was allegedly responsible for breaking up a 30 year marriage was sued by her lover's ex-wife and awarded $9M in damages! North Carolina is one of seven states to recognize alienation of affection claims, in which spouses can sue third parties that they allege interfered in their marriages. Texas, however, does not recognize alienation of affection claims in divorce cases.… Continue Reading

A Divorce Lawyer’s Take on Tiger’s Texting Troubles

While it doesn't make the late night talk shows or celebrity gossip sites, texting frequently leads to big trouble for people who are not Tiger Woods. A text message with a paramour can reveal an extramarital affair to the unsuspecting spouse who accidently comes across it, or confirm the suspicions of a suspecting spouse who looks through their cheating spouse's phone. After a divorce is filed, text messages provide powerful and often embarrassing evidence of infidelity by the cheating spouse during the marriage.… Continue Reading

Sex, lies and infidelity.

Infidelity is a frequent topic brought up by our clients.  Texas is a no-fault divorce state which means if a spouse wants a divorce, the other spouse is not required to have committed a "bad act."  See Tex. Fam. Code Sect. 6.002-.007.  Lately there have been several public figures that have revealed their extramarital affairs.  … Continue Reading
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