Taking Legal Challenges Head-On

The divorce rate for marriages in Texas and the rest of the United States is somewhat high with about 40% of first-time marriages dissolving, and the rate is higher for subsequent marriages. Knowing the statistics, some couples opt for prenuptial agreements to make a future divorce less complicated. Regardless, questions remain about why spouses find themselves in divorce proceedings. Past studies point to several common reasons.

As time passes, the relationship between spouses may change. Incompatibility could create a division in the marriage that the couple cannot resolve. Many elements can lead to spouses growing apart. Differences in culture, religion and political identity may create distances between the two. Early in the marriage, these same issues might never have posed a problem, but after years together, they may lead to divorce.

Legal history factors into the rise of “incompatibility” as a top reason for divorce. Laws regarding “no-fault” divorce emerged in the latter half of the 20th century. Before no-fault divorce laws became commonplace, spouses had to prove severe and unacceptable behavior to receive a divorce. Some spouses would even falsify claims of domestic abuse and infidelity to receive a divorce. No-fault divorce laws made such actions unnecessary.

That said, many spouses do file for divorce based on the improper or violent behavior of their partner. Adultery and domestic abuse do rank high among the reasons couples divorce. Alcoholism and substance abuse problems may also lead to a divorce.

Financial matters may drive a couple to separate, even couples married for many years. If one partner becomes financially reckless, risks their quality of life and puts retirement plans in jeopardy, the other may seek a divorce.

Spouses may intend to divorce for many reasons. Those wishing to dissolve their union might find it necessary to consult extensively with an attorney about property division and child custody.