7 Legal Grounds for Divorce in Texas

Deciding to pursue a divorce is a serious and emotional process. While the emotional hurdles are often the focus, the legal aspects can be equally difficult. In Texas, specific grounds must be presented to legally justify the termination of a marriage if you choose not to pursue a no-fault divorce. Here are a few thoughts from divorce lawyers in Houston, TX, on some of the legal grounds for divorce in Texas.

7 Legal Grounds for Divorce in Texas: Divorce Lawyers in Houston, TX, Explain

Insupportability

The most common ground for divorce in Texas is insupportability. This essentially means the marriage has become unworkable due to irreconcilable differences or pervasive conflict that prevents any hope of fixing the relationship. There is no requirement to define the conflict in detail; it simply indicates the marriage is no longer feasible. This is the simplest, easiest, and most recommended “no-fault” route.

Cruelty

Cruelty as a ground for fault in a divorce goes beyond occasional harsh words or disagreements. It must be demonstrated that one spouse inflicted physical or emotional pain on the other, making it impossible or unreasonably unbearable to continue the marriage. This could include physical abuse, emotional abuse, or behavior causing severe mental anguish.

Adultery

Adultery is a spouse voluntarily engaging in sexual acts with someone other than their partner. Establishing adultery as grounds for divorce in Texas requires concrete evidence. This evidence could include testimony from witnesses, photographs, text messages, emails, or other forms of communication that substantiate the affair.

Conviction of a Felony

If one spouse has been given a felony conviction and has been imprisoned for at least a year, the other spouse may file for divorce. It is important to note that the imprisonment must have started during the marriage, not prior. Additionally, you may not use a felony conviction as grounds for divorce if your testimony was used to convict your spouse.

Abandonment

In Texas, abandonment means one spouse deliberately left the other with the intent to end the marriage and has remained away for at least one year. The intent to abandon must be clear, and any brief returns during the one-year period may complicate proving this ground.

Living Apart

When spouses have lived separately for at least three years, this can be used as grounds for divorce. The separation must be a clear arrangement arrived at by both parties to demonstrate the breakdown of the marriage relationship. It is important to note that any cohabitation during those three years can make this difficult to prove as grounds for divorce.

Confinement in a Mental Hospital

If a spouse has been confined to a mental hospital for at least three years, and it appears that recovery is unlikely, the other spouse may file for divorce on this ground. You’ll need medical evidence supporting the confinement and the improbability of recovery. Experienced legal counsel is key to establishing this. For more information, click here.

It’s important to seek legal counsel from an experienced Texas family law attorney to ensure your rights are protected and you get the best outcome, whether you file for no-fault or fault divorce.