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Essay / Eassy - 714
The easiest way to end a marriage would be through an annulment, because with an annulment the marriage is never considered valid, so the process of ending the marriage is a lot simpler than fault and no-fault divorces. Since there is very little evidence from reading the commentary that Virgil and Mary both have invalid marriages, the next best option would be a fault divorce. Based on the Texas Family Code for adultery, the court may grant a divorce in favor of one spouse if the other spouse has committed adultery (Texas Statutes; Family Code, Chapter 6 6.003). The best option for Mary is to file for a fault divorce because without a doubt since she can divorce since Virgil had cheated on her and confessed. Mary should be able to get the divorce she wants without any problems, except for the division of property. Since they live in Texas, they can either do it there or let a judge decide for them. The reason Mary should file for a fault divorce rather than a no-fault divorce is because a judge can make both spouses wait for a period of time until he or she grants the divorce, unlike a fault divorce. where the judge can grant the divorce. divorce without resection of waiting period. According to an article by Cathy Meyers under Texas law "in a judgment of divorce or annulment, the court shall order the property of the parties to be divided in such manner as it deems fair and just, after respecting of the rights of each party and of any children resulting from the marriage” (Meyer, 1,2014). Texas being a community property state would mean the judge would have to split assets and debts 50/50. I would divide the property by getting rid of the separate property first. That being said, Mary would be able to ...... middle of paper ...... rd life in order to get back on her feet, so he might be able to win spousal support. He was also married for ten years, and under Texas Family Code Section B, 8.052 is grounds for maintenance if he can demonstrate that he was married for ten years and he n does not have the ability to earn enough income to meet his minimum reasonable needs because he was married during this time and helped his wife get her degree, while he worked to put her through college . In an article by Patricia Reaney for the law firm DeShon Pullen & Associates, she states that "what was once the traditional bastion of women, spousal support can now just as easily be awarded to a man when the circumstances document a financial disparity” (Reaney, 1, 2012). Show that Virgil has a chance of getting the continuation if he can prove to a judge that he needs it.