Texas is one of the few states that still recognizes fault-based divorces, and may grant a divorce in one spouse's favor if sufficient grounds for fault are established. Under Section 6.005 of the Texas Family Code, abandonment is one of the seven grounds for a fault-based divorce in Texas. If a spouse is found guilty of abandonment, it can have serious consequences on the outcome of the divorce. For instance, if the courts determine that claims of abandonment are true, they may grant more custody to the abandoned spouse, as well as a greater share of the marital assets.

If your spouse abandoned you and your children, contact the Clark Law Group to speak with a Dallas divorce attorney about filing for a fault-based divorce.

Grounds for a Texas Divorce

You hear the term ' High Conflict Divorce' and you wonder, 'Aren't all divorces high conflict?' Yes, it is true that divorce is a highly conflicting time in a couple's life, and yes, it does almost always come with its fair share of tears, anger, and conflict, but when a couple begins to let their feelings interfere with the divorce proceedings, the divorce turns 'high conflict.'

In a high conflict divorce, one or both parties create a 'war' of sorts that is both costly and damaging. If the couple has children, they may use their children as pawns to get one another to acquiesce to outlandish demands. In fact, most high conflict divorce cases become so vile that even friends and extended family members become affected by the dysfunction demonstrated by the warring couple.

Recognize the Signs of High Conflict Divorce

At the Law Offices of Stephen Clark, our Dallas divorce attorneys aim to help our clients achieve a fair and amicable settlement in their Texas divorce. Unfortunately, most divorces require months of litigation, and still end up in frayed emotions, lost time and money, and with one or both parties unsatisfied with the outcome. Divorce is complicated enough, which is why our legal professionals always recommend our clients sign a prenuptial agreement before they say, 'I do'-especially when there is a family inheritance at stake. At the very least, a prenuptial agreement can eliminate the stress of the division of assets aspect of divorce, and allow each party to maintain reasonable expectations throughout the entire process.

Is an Inheritance Considered a Marital Asset?

While most individuals never expect their marriage to end in divorce, time changes people, and after years together, one or both parties may find that they are no longer compatible. When this happens, separation is often inevitable. Unfortunately, when two individuals have built their life together, their assets become entangled, making it difficult for the parties to figure out what they get to leave the marriage with. According to the Texas Family Code, Chapter 4, Section 4.003, a prenuptial agreement in Texas is a premarital agreement between two parties that outlines how exactly marital property is to be divided in a divorce, and what property is to remain the sole and separate property of each individual.

Divorce may be one of the most difficult events that an individual has to cope with in his or her lifetime, and because of that, it often comes with a string of emotions, ranging from hurt and sadness to anger and frustration. It is these emotions that lead to long, drawn out battles over everything from furniture to the children, and subsequently, the high costs typically associated with divorce.

If you and your spouse are both feeling bitter about your impending separation, and if you just cannot agree on anything, you may want to consider divorce mediation. Divorce mediation gives you a venue in which to discuss your issues regarding the divorce and to attempt to reach an agreement with the help of a trained, neutral third-party.

Mediation Allows You to Take Control of Your Divorce

Being married to an alcohol or drug addicted individual is difficult, but unfortunately, that difficulty does not end on the day you decide to get a divorce. Regrettably, if you have children with your addicted spouse, the divorce process is going to be much more challenging, which you will learn as you try to protect your children from both the negative effects of divorce as well as from a drug addicted environment.

When to Walk Away

It is difficult to walk away from someone you love, especially if that someone has an illness that is harmful to either him or herself and to others. Yet, walking away is oftentimes the only option available. While many spouses want to stick around to help the individual work through the addiction, there comes a time when the addiction is too much to bear. In order to determine whether or not you have reached this point in your marriage, ask yourself the following questions: