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When seeking to end a marriage in Texas, spouses should speak with a divorce attorney to determine whether their grounds for seeking a divorce are acceptable by the family court.
This is especially significant should someone wish to end their marriage with a spouse who has been convicted of a felony.
A felony conviction is acceptable grounds for divorce in most cases; however,divorce lawyers do point out that there are a few instances when it is not.
Is Conviction Of A Felony Grounds For Divorce?
Yes.
According to the Texas family law code, one spouse being convicted of a felony and subsequently incarcerated is usually acceptable grounds for the other spouse and his or her divorce attorney to file for divorce to end the marriage.
Yet there are a few stipulations to this ruling when a felony conviction would not be automatic grounds for divorce unless there are other associated grounds that would allow for a divorce to be granted.
When Is Felony Conviction Not Grounds for Divorce?
There are two instances when divorce lawyers find that a felony conviction may not be enough on its own as grounds for divorce.
- If the conviction was made based on testimony brought by the other spouse, divorce grounds may not be met.
- If the conviction results in incarceration of less than one year, the family court does not see this alone as valid grounds to end the marriage.
How Can Felony Convictions Affect The Divorce Process?
When spouses wish to file for divorce on the grounds of a felony conviction, his or her divorce attorney will assist them through the process, as it may involve some unique circumstances that differ from the average divorce situation.
Felony charges against the other spouse can affect everything from the division of marital property and debt to child custody, parental rights, visitation policies, support payments, and more.
Depending on what crime was committed and the sentence made for the conviction, this must all be taken into consideration by a divorcing spouse and representing lawyer so that the divorce decree reflects all of these things.
Crimes such as DWI with a child in the car, child or spousal abuse, and other behaviors that indicate a danger to the couple’s children or spouse can result in higher consideration for the divorcing spouse and against the convicted one.
How much time has passed since the spouse’s conviction and incarceration can also play a part in the final decision, including the division of property and child custody matters.
Seek A Divorce Attorney When A Felony Is Involved
Getting a divorce with grounds can sometimes be challenging, especially if those grounds are the felony conviction of one spouse.
Because this enters different territory than that of a standard at-fault divorce, it is recommended that spouses find an experienced divorce attorney to help them with such unique circumstances.
A divorce lawyer will help spouses determine whether their grounds qualify to get a divorce approved by the family court and if so, help them negotiate the details related to property division, child custody, and other critical divorce matters.
