Causes of Divorce
Many things can bring about the end of a marriage, but some causes of divorce are more common than others. The impetus for the end of a marriage may not only impact people emotionally, but it can also affect their legal rights throughout the divorce process, and it is crucial for people to understand their rights prior to seeking to dissolve their marriage. If you wish to obtain a divorce or your spouse served you with documents instituting a divorce proceeding, it is important to consult a lawyer as soon as possible. At McClure Law Group, our capable Dallas divorce attorneys are adept at helping people fight to protect their interests, and we will develop compelling arguments on your behalf.
Causes of DivorceOne of the primary causes of divorce is infidelity. While some people choose to stay together after one or both spouses is unfaithful, many find themselves unable to remain married. Another leading reason people seek divorces is financial problems, such as disputes over how they should spend their money. In some instances, one person will struggle with addiction or engage in domestic violence, which eventually causes the other person to leave. In many cases, though, a couple may simply no longer be compatible and therefore wishes to part ways.
Fault Versus No-Fault DivorcesTexas law allows for both no-fault and fault-based divorces. A no-fault divorce petition essentially alleges that the marriage is permanently broken, with no hope of reconciliation, but neither party caused the downfall of the relationship. In a fault-based divorce, however, the spouse filing a divorce petition alleges the other spouse is to blame for the end of a relationship. Texas has multiple grounds for divorce: adultery, cruelty, abandonment, a conviction for a felony, living separate and apart for at least three years, and confinement in a mental hospital. In a divorce filed under one of these grounds, the filing party must usually prove the other party is actually at fault. Regardless of the cause of the end of a marriage, in some cases, it is prudent to file a no-fault divorce even if one party is to blame, as it can allow for a more amicable and efficient dissolution of the marriage and division of marital assets.
How the Cause of a Divorce Impacts the ProcessIf a person files for a fault-based divorce, it may impact the rights of both parties. For example, a court may consider a spouse’s adultery in weighing how to divide the estate. In other words, a spouse who committed adultery may be denied an equal division of the estate due to his or her infidelity. Instead, the unfaithful spouse may receive a smaller portion of the marital assets via equitable distribution.
If either spouse engaged in domestic violence, it may impact him or her as well. Specifically, if a divorcing couple has children, an abusive parent may be denied custody rights altogether or may be granted limited or supervised visitation. In some instances, a spouse’s history of domestic violence may impact a judge’s decision with regard to how to divide marital property as well.
Speak to an Attorney in DallasRegardless of the reason a marriage ends, there are numerous factors parties contemplating filing for divorce should consider, such as how it will impact them financially and the best manner to proceed to obtain their desired outcome. If you wish to seek the dissolution of your marriage, you should speak to a lawyer regarding your options. The trusted attorneys of McClure Law Group are skilled at helping people legally end their marital relationship. If we represent you, we will work tirelessly to help you seek the best outcome available in your case. We often represent people in divorce matters in Dallas, McKinney, Rockwall, Fort Worth, Richardson, Garland, Irving, and Frisco. We also aid people with family law issues in cities throughout Dallas, Grayson, Rockwall, Collin, Denton, and Tarrant Counties. You can contact us through our form online or at 214.692.8200 to set up a consultation.