Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Causes of Divorce in Texas

ATTORNEYS IN DALLAS

In Texas, there are seven grounds for divorce provided for in the family code. The Court can consider both fault grounds and no-fault grounds.

Causes of Divorce

There are numerous factors that can lead to the dissolution of a marriage, but some reasons for divorce are more prevalent than others. The reason for ending a marriage can have both emotional and legal implications, so it is essential for individuals to comprehend their legal rights before pursuing a divorce. If you intend to initiate a divorce or have been served divorce papers by your spouse, it is imperative to seek the guidance of a lawyer promptly.

Reasons to File for Divorce

Infidelity is one of the main factors that lead to divorce. Although some couples try to work through unfaithfulness, for many, it's a deal-breaker. Another significant reason for divorce is financial troubles, which can result from disagreements over spending and saving habits. In certain situations, substance abuse or domestic violence by one partner may cause the other to leave the marriage. However, in some cases, couples may just grow apart and realize that they are no longer a good match, leading to the decision to divorce.

Grounds for Divorce:

- Cruelty, or willfully causing pain or suffering to your spouse.

- Adultery.

- Felony Criminal Conviction.

- Abandonment.

- Insupportability.

- Confinement in a Mental Hospital.

- Condonation.

Fault vs No-Fault Divorces

Texas law provides for both fault-based and no-fault divorces. A no-fault divorce is typically based on the assertion that the marriage is irretrievably broken, and neither spouse is responsible for the breakdown. On the other hand, in a fault-based divorce, the spouse initiating the divorce alleges that the other party is responsible for the marriage's demise. Texas recognizes several grounds for fault-based divorce, such as adultery, cruelty, abandonment, felony conviction, long-term separation, or confinement in a mental hospital. In a fault-based divorce, the petitioner must generally provide evidence to prove the other party's wrongdoing. However, in some cases, it may be wise to pursue a no-fault divorce, even if one party is at fault, to facilitate a smoother and more peaceful dissolution of the marriage and division of assets.

How the Cause Impacts the Divorce Process

Filing for a fault-based divorce can affect the rights of both parties. For instance, a court may take into account a spouse's adultery when deciding how to divide the couple's property. In this scenario, the unfaithful spouse may not receive an equal share of the marital assets due to his or her infidelity. Instead, the court may award a smaller portion of the assets through equitable distribution.

In cases where one spouse has committed domestic violence, it can also affect the divorce proceedings. If the divorcing couple has children, an abusive parent may be denied custody rights altogether or may only be allowed supervised visitation. Additionally, a judge may consider a history of domestic violence when deciding how to divide the marital property.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

No matter what causes a marriage to end, there are various aspects that individuals thinking about filing for divorce should take into account, such as the financial repercussions and the most appropriate course of action to achieve their goals. The attorneys at Wilson Whitaker Rynell specialize in advising clients during a divorce and protecting their assets and interests. Our trusted Dallas lawyers represent clients in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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