Can I get divorce if my husband is convicted in another state of a felony in Texas?
Full Question:
I live in Texas. Four years back, my husband murdered a person at Ohio and was convicted. He is now undergoing the sentence in Ohio jail. Can I file a petition for divorce on the ground of conviction of felony?
01/24/2017 |
Category: Divorce ยป Grounds |
State: Texas |
#30894
Answer:
Tex. Fam. Code § 6.004 reads as:
“(a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.
***”
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.
***”
Therefore, in the instant case, the wife can file a petition for divorce in Texas on the ground of her husband’s conviction of felony in Ohio.
