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Divorce

Montgomery County, Texas Divorce Lawyer

Thorough explanations from an experienced Conroe divorce attorney

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. To help you understand a little about the divorce process, Mr. Atkinson offers these brief discussion points:

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 (6) 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 unsupportable because of irreconcilable differences. 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:

  • Cruelty — The petitioner alleges that the respondent is guilty of cruel treatment to such a degree that living together is no longer an option.
  • 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.
  • Conviction of a felony — The court may grant a divorce if a spouse was convicted of a felony and has been imprisoned for a least a year, but only if the incarcerated spouse was not convicted on the testimony of the petitioning spouse.
  • Abandonment — This occurs when the respondent spouse leaves the petitioner with the clear intent of abandoning the marriage and remains away for one year.
  • Living separately — Though Texas does not recognize legal separation, the court may grant a divorce if spouses have lived apart without cohabitation for at least three years.
  • 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.

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.

To learn more about divorce and discuss the issues specific to your own circumstances (including marriage annulments, void marriages or “common-law” marriages), please complete the contact information on this page to schedule a consultation with Mr. Atkinson or call us at 936-230-5462.

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  • Conroe Office
    322 Metcalf Street
    Conroe, Texas 77301
    Phone: 936-230-5462
    Fax: 832-442-4886