Divorce Attorney in Conroe

Guiding You Every Step of the Way

Understanding the “D” word. Each of the 50 states has its own rules on the procedures for dissolving a marriage. Attorney Bradford L. Atkinson prides himself on ensuring his clients have all the information available so they can make fully informed decisions at every stage of the divorce process in the state of Texas. You can trust our divorce attorney in Conroe to protect your rights and strongly fight for your best interests.

Texas Residency Requirement to Petition for Divorce

First, to file for divorce in Texas, one of the parties must have been a resident of the state for at least the last six months. The petitioner must file the complaint in the district court of the county where either party resides. You should choose a family lawyer familiar with the court where you must file.

Grounds for Divorce in Texas

Texas will grant a divorce on a no-fault basis if both parties agree. In a no-fault divorce, the parties state under oath that their marriage has become insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marriage. If the parties cannot agree and the divorce goes to trial, the grounds for divorce will be based on the evidence and case that can be proved to the Judge.

Some of the grounds for divorce in Texas include:

• Confinement in a mental institution — This is grounds for divorce when the respondent spouse has been confined for at least three years, and the prognosis makes recovery unlikely.
• Living separately — Though Texas does not recognize legal separation, the court may grant a divorce if spouses have lived in separate residences for at least three years.
• Abandonment — This occurs when the respondent spouse leaves the petitioner with the clear intent of abandoning the marriage and remains away for one year.
• Conviction of a felony — The court may grant a divorce if a spouse was convicted of a felony and has been in jail or prison for a least one year, but only if the incarcerated spouse was not convicted due to the testimony of the petitioning spouse.
• Adultery — The mere suspicion of adultery is not sufficient to secure a divorce. The court requires proof through direct or circumstantial evidence. Generally, evidence that a spouse had both the proclivity and opportunity to commit adultery will satisfy the court. This evidence can include emails or text messages to a third party expressing a desire for sexual intimacy, and photographic evidence or testimony that the two were together at a venue, such as a hotel, that would permit an adulterous act to take place.
• Cruelty — The petitioner alleges that the respondent is guilty of cruel treatment to such a degree that living together is no longer an option.

Alternative dispute resolution or “mediation” is recommended and/or required in divorce cases by certain courts in Texas. In some cases, settlement negotiations can resolve all issues and aspects of a divorce case. However, sometimes, settlement negotiations are not possible or productive and you need an experienced family law attorney for strong advocacy in courtroom litigation.