Jamie Graham & Associates, PLLC

Can my wife divorce me if I break the law?

A Texas divorce may be based on a number of fault grounds, including one's conviction of a felony. In order for the divorce to be approved on this basis the convicted individual must be imprisoned in a state or federal penitentiary for at least one year and must not have received a pardon for his crime A divorce will not be granted against a person whose spouse gave testimony against him at his criminal trial.

Therefore, to answer the question posed in the title of this post a person can seek a divorce based on her spouse's criminal conduct but that conduct must result in a felony conviction. Conviction on a misdemeanor crime or on a traffic violation is not sufficient to warrant cause for the legal end of a marriage.

There are a number of other fault grounds on which a Texas resident may base his divorce case. If cruelty played a role in the dissolution of the relationship then it may serve as a basis for the marriage's end. So too may adultery if one of the partners to the marriage engages in an extramarital affair.

Abandonment, living separately and being committed to a mental hospital can all also serve as reasons a party may wish to divorce her spouse and use an approved fault ground. Since every marriage and divorce is different, readers of this blog are encouraged to use the information contained in this post as a starting point for learning more about how the law may apply to their particular family law cases. The comments contained herein are not to be read as legal advice and those who wish to explore the topic further are asked to contact their private family law attorneys.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

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Jamie Graham & Associates, PLLC
310 South St. Mary's Street
Suite 2500
San Antonio, TX 78205

Phone: 210-272-7034
Fax: 210-308-5669