How To Prove A Texas Divorce – Fault – Conviction of a Felony Claim
In Texas, a claim of Divorce – Fault – Conviction of a Felony is defined as:
A spouse can file for divorce if their spouse is convicted of a felony during the marriage and has been incarcerated for at least one year.
It simply means:
A felony conviction is a ground for divorce.
There are 6 elements of the claim:
- Element 1. During the marriage, a spouse was convicted of a felony. During the marriage, if one spouse is found guilty of a serious crime, this can be used as a reason for divorce, known as a “fault” claim, which may affect the divorce proceedings and decisions about assets or custody.
Facts that might support this element look like:
* During the marriage, the spouse was arrested for possession of a controlled substance.
* The spouse was convicted of felony theft, resulting in a prison sentence of two years.
* The spouse’s felony conviction occurred after a series of legal troubles that began during the marriage.
* The spouse failed to disclose their felony conviction during divorce proceedings, impacting trust in the relationship.
* The felony conviction led to significant financial strain on the family, contributing to marital discord. - Element 2. The spouse has been imprisoned for at least one year in any state or federal prison. If one spouse has been in prison for at least a year due to a felony conviction, the other spouse can use this as a reason to seek a divorce based on fault.
Facts that might support this element look like:
* The spouse was convicted of a felony and sentenced to five years in a state prison in 2020.
* The spouse has been incarcerated since January 2021, serving time for a drug-related offense.
* The spouse’s prison record confirms that they have been imprisoned for over two years for a violent crime.
* The spouse was sentenced to a federal prison for a white-collar crime and has been incarcerated since March 2022.
* The spouse’s incarceration has exceeded one year, as documented by official prison records. - Element 3. The spouse has not been pardoned. In a divorce case where one spouse is claiming fault due to the other being convicted of a felony, “the spouse has not been pardoned” means that the convicted spouse has not received an official forgiveness for their crime, which can impact the divorce proceedings.
Facts that might support this element look like:
* The spouse was convicted of a felony in 2020 and has not received a pardon from the state.
* As of October 2023, there is no record of a pardon application submitted by the spouse.
* The spouse’s felony conviction remains on their criminal record, indicating no legal forgiveness has been granted.
* The spouse has not publicly claimed to have received a pardon for their felony conviction.
* Legal documents confirm that the spouse has not been granted clemency or any form of pardon. - Element 4. The spouse was not convicted on the testimony of the other spouse. In a divorce case where one spouse claims the other committed a serious crime, the court cannot use the testimony of the accusing spouse alone to prove guilt; there must be additional evidence or a conviction for the claim to hold weight.
Facts that might support this element look like:
* The spouse was acquitted of all charges in the criminal trial, demonstrating a lack of conviction based on any testimony from the other spouse.
* The prosecution’s case relied on evidence unrelated to the other spouse’s testimony, indicating that the spouse’s conviction was not influenced by their partner’s statements.
* The other spouse did not testify during the trial, which directly supports the claim that the spouse was not convicted based on their testimony.
* The court records show that the spouse was convicted based on a plea deal, not on any evidence or testimony provided by the other spouse.
* The spouse’s conviction was overturned on appeal, further establishing that the other spouse’s testimony did not play a role in the original conviction. - Element 5. At the time the suit is filed, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six-month period. To file for divorce in Texas based on a felony conviction, at least one spouse must have lived in Texas for the last six months before the divorce is filed.
Facts that might support this element look like:
* The petitioner has resided in Texas continuously for the past eight months, establishing domicile in the state.
* The respondent has maintained a permanent address in Texas for over six months prior to the filing of the suit.
* Both parties have registered to vote in Texas, indicating their intent to remain domiciled in the state.
* The petitioner has a Texas driver’s license that was issued more than six months ago, confirming residency.
* The respondent has been employed in Texas for the last year, further solidifying their status as a domiciliary of the state. - Element 6. At the time the suit is filed, either the petitioner or the respondent has been a resident of the county in which the suit is filed for the preceding 90-day period. To file for divorce based on a felony conviction, one of the spouses must have lived in the county where the divorce is being filed for at least the last 90 days.
Facts that might support this element look like:
* The petitioner has lived in the county for over 90 days prior to filing the divorce suit.
* The respondent has maintained residency in the county for the last three months, as evidenced by utility bills and lease agreements.
* Both parties have registered to vote in the county, confirming their residency for the required period.
* The petitioner has established a local bank account in the county, indicating a stable residence for the past 90 days.
* The respondent has been employed at a local business in the county for more than 90 days before the suit was filed.
(See Texas Family Code Section 6.004. Texas Family Code Section 6.301.)
If you’re in court without a lawyer and plan to assert a Claim of Divorce – Fault – Conviction of a Felony, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and strong analysis of the facts. Equip yourself with the tools and knowledge to navigate this complex process effectively.
Prove Your TX Divorce – Fault – Conviction of a Felony Claim
U.S. Civil Cases Only