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Grounds for Divorce in Irving

For a court to be able to legally grant you a divorce in Irving, the grounds for divorce-or reason for seeking a divorce-must be specified. In Irving, a no-fault divorce may be granted if you prove to the court that the marriage's failure was neither party's fault. For fault-based divorces, you must prove one spouse did something that caused the marriage to fail. Texas divorce law allows judges to grant either type of divorce.

Irving Grounds for No-Fault Divorce

In Irving, the grounds for no-fault divorces include:

Incompatibility: Incompatibility is when you and your spouse have such different personalities that it is impossible to live together and stay married. The marriage probably shouldn't have happened in the first place.

Irreconcilable differences: Irreconcilable differences are issues you and your spouse chronically disagree on. These aren't issues like who should load the dishwasher, but rather, issues such as how you will raise your children, where disagreeing makes it impossible to continue the marriage.

Irretrievable breakdown of the marriage relationship: An irretrievable breakdown might be caused by the condition of the marriage. Financial issues or personality conflicts may cause a breakdown in the marriage that is irreversible.

Irving Grounds for Fault-Based Divorce

In Irving, the grounds for a fault-based divorce include:

Adultery: In Irving, adultery divorces are granted when one spouse has had sexual intercourse with someone other than his spouse. This is typically difficult to prove, unless there are eyewitnesses or photographs, which is unusual. Instead, the court will rely on circumstantial, or indirect, evidence. In Irving, adultery must be proved with an inclination (or desire) and a chance to commit adultery. Proof of inclination might be found in a love letter or public display of affection. Proof of chance could be in hotel or travel records.

Abandonment or desertion: If your spouse leaves your home without intending to return, the court might consider this abandonment or desertion. If you prove that your spouse didn't have a reason to leave and left more than a year ago, Irving divorce grounds would consider this to be abandonment. If your spouse intended to end the marriage when he or she left, that may be desertion.

Mental illness or incompetency: Divorce on the grounds ofinsanity may be possible if you prove with medical or psychiatric records that your spouse is mentally ill and has been for a few years. A doctor or psychiatrist may be asked to testify.

Bigamy: If your spouse had another spouse when you got married, bigamy can be, in Irving, the grounds for divorce. However, the bigamist cannot use bigamy as grounds for a divorce; only the innocent spouse can use this as a reason.

Cruelty or abuse: Cruelty is when one spouse acts in a way that causes physical or mental damage to the other spouse. Having sexual intercourse with your spouse without telling him or her you have a sexually transmitted disease may be considered cruelty.