A divorce can be one of the most difficult and life-changing experiences that you might face. When conflicts regarding child custody, spousal maintenance (alimony), and property division arise, you need a divorce lawyer with experience and tenderness. Divorce is often emotionally charged and can impact every member of the family. Unfortunately, children are usually the most vulnerable during this time. It is important to seek legal guidance from a skilled divorce lawyer.

When filing for divorce, there does not have to be a specific wrongful act on the part of either spouse to file for divorce in Texas. Texas law permits a “no-fault” divorce, which means a spouse, can file for divorce simply because he/she cannot get along with their married partner. In these instances, the divorce can be filed under a claim of insupportability (defined as discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation).

However, if a spouse is at fault for the marriage break up, the court may consider the wrongful acts of the spouse when determining a fair and equitable distribution of the community property. Wrongful acts could be any of the following:

Adultery

Cruel Treatment

Abandonment for at least twelve months with the intent to abandon

Long-term incarceration (more than one year)

Confinement to a mental hospital (for at least three years)

Living apart (for at least three years).

Often, the wrongful act(s) of one spouse complicates an already difficult, and emotionally charged situation. It is important to call your divorce lawyer, Michael King, to discuss your best interests, especially during this time of emotional vulnerability.