How a Felony Conviction Can be Grounds for Divorce in Texas
In Texas, couples who wish to end their relationship may seek a divorce. But in certain cases, a spouse's conviction of a felony can be grounds for divorce and will render the other spouse eligible to end the marriage. This article will provide information regarding the circumstances in which a felony conviction can serve as grounds for divorce in Texas and explain the process such a situation entails.
Conviction of a Felony as Grounds for Divorce in Texas
Texas is a no-fault state, meaning that a spouse does not need a reason to file for divorce. However, if one spouse has been convicted of a felony, the court can take this into account when considering whether to grant the divorce. A felony conviction can be grounds for divorce. This means that if one spouse has been convicted of a felony during their marriage, the other spouse may file for divorce on the grounds of "felony conviction." In order for this to be accepted, the spouse who is filing for divorce must prove that the other spouse has been convicted of a felony during the marriage. The convicted spouse must have been incarcerated or imprisoned for that felony for a period of at least one year. This does not include time spent in the county jail or any time spent on probation or parole. Additionally, the court may grant a divorce in favor of one spouse if, during the marriage, the other spouse hasn’t been pardoned for their conviction. However, if a spouse was convicted based on the testimony of the other spouse, the court may not grant a divorce on that ground. Ultimately, because this is not a typical fault-based divorce, it is recommended that spouses seek the assistance of an experienced divorce attorney to help them with such unique circumstances.
Potential Impact of a Felony Conviction on a Texas Divorce Case
In Texas, a felony conviction can have an impact on many aspects of a divorce case. Depending on the severity of the crime and the length of the sentence, a felony conviction can put certain restrictions on a person’s rights in a divorce, including their ability to receive spousal support and their right to joint custody of any children in the family.
In a divorce, a spouse with a felony conviction may not be able to obtain spousal support if they were convicted within two years of filing for divorce. The court may also decide that the person with the conviction is not fit to receive custody of the children, depending on the nature of the crime. In addition, if the court finds that the person with the felony conviction poses a threat to their spouse or children, they may be ordered to stay away from the family or even be denied all visitation rights. Even if the court grants visitation rights, there may be other restrictions put in place, such as supervised visitation or restraining orders.
In some cases, a felony conviction can also have an impact on property division. If a spouse has a felony conviction, they may not be able to receive full ownership of a shared asset, such as a home or car. The court may decide to award partial ownership or limit access to certain assets until a specific period of time has passed. Finally, a felony conviction is likely to have an impact on the final divorce settlement. The court may take into consideration the severity of the crime and the length of the sentence when determining which spouse should receive more assets or money.
It’s important to note that each divorce case is unique, and it’s ultimately up to the court to make decisions regarding how a felony conviction will impact the proceedings. It’s best to speak with an experienced attorney who can advise you on how to best protect your rights in the event of a divorce with a spouse who has a felony conviction.
Conclusion
In conclusion, a felony conviction can constitute grounds for divorce in the state of Texas. This means that if one of the spouses in a marriage has been convicted of a felony, the other spouse may have grounds to file for divorce. Depending on the severity of the crime and the length of the sentence, this felony conviction could also have an impact on certain aspects of the divorce case, including spousal support and joint custody. To protect your rights in light of a divorce with a spouse with a felony conviction, it's best to speak with an experienced attorney who can advise you on how to best proceed.