In Texas, spouses may seek a divorce based on any of several statutory grounds. In many cases, a divorce is sought due to insupportability, which is a discord or conflict of personalities that prevents any reasonable expectation of the parties’ reconciliation. This is considered a no-fault divorce, since there is no blame alleged by either party, nor will the court determine who is responsible for the dissolution. However, if one or both of the parties allege that the other is at fault for the breakdown of the marriage, other statutory grounds may be asserted that require the court to assign fault to one of the parties. These may include adultery, cruelty, mental incapacity, felony conviction, or abandonment.
Separating couples with children often have concerns regarding the parenting of their children after a divorce. In Texas, conservatorship is the legal term used to define the rights and duties of parents with regard to decisions about the education, medical treatment, and general upbringing of their children. A Sole Managing Conservatorship refers to an arrangement in which only one parent has the right to make such decisions. In most cases, a Joint Managing Conservatorship is awarded, allowing parents to make these decisions together. Possession and access refer to the physical custody and visitation rights of parents with their children. A court will determine custody matters according to the best interest of the child, taking a number of factors into consideration. To ensure that your rights are adequately protected, you should enlist a Dallas divorce lawyer who can advocate for you throughout the process.
