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Grounds for Divorce in Mesquite

For a court to grant you a legal divorce in Mesquite, divorce grounds must be established. In Mesquite a no-fault divorce may be granted if the marriage did not fail because of something you or your spouse did. For a divorce based on fault, the court will require you to prove that the marriages failure was your spouse's fault. Texas divorce law grants either type of divorce.

Mesquite Grounds for No-Fault Divorce

In Mesquite, the grounds for a no-fault divorce include:

Incompatibility: A divorce may be granted on grounds of incompatibility when you and your spouse have intense personality differences that make it difficult to remain married and you probably shouldn't have been married in the first place.

Irretrievable breakdown of the marriage relationship: In Mesquite, divorce grounds may include an irretrievable breakdown. An irretrievable breakdown in the marriage is when problems in the marriage contribute to an irreversible breakdown that neither spouse caused. Financial problems, for example, may cause an irretrievable breakdown of the marriage.

Irreconcilable differences: Irreconcilable differences are issues you and your spouse will never be able to agree on, such as how you should use your money.

Mesquite Grounds for Fault-Based Divorces

Adultery: In Mesquite, adultery divorces may be granted if you can prove that your spouse was having voluntary sexual intercourse with someone else. Unless you have a photograph or eyewitness account of the adultery, it is usually proven with circumstantial evidence, also known as indirect evidence. Indirect evidence shows that there is proof of opportunity as well as proof of inclination. Proof of inclination may be a love letter or public display of affection; proof of opportunity may be hotel or travel records.

Abandonment or desertion: If your spouse left your home without planning to return, the court may grant a divorce on grounds of abandonment or desertion. In Mesquite divorce grounds, abandonment is defined as your spouses leaving more than a year ago without a reason. Desertion is defined as your spouses leaving with the intent of ending the marriage.

Mental illness or incompetency: If your spouse is incurably mentally ill, a Mesquite divorce court may grant a divorce on the grounds of insanity. This may be proved through testimony from a doctor or psychiatrist or medical records.

Bigamy: If your spouse already had another spouse when you married him or her, bigamy may be grounds for your Mesquite divorce. Keep in mind that only the innocent spouse may be granted a divorce on grounds of bigamy.

Cruelty or abuse: Cruelty as grounds for divorce is defined as one spouse acting to cause physical or mental damage to the other spouse. For example, having sexual intercourse with your spouse and not telling him or her you have a sexually transmitted disease can be considered cruelty and would be grounds for divorce.