Grounds for Divorce in Texas

As a general rule, a person does not need a specific reason to divorce their spouse. However, to obtain a divorce, the requesting spouse must prove there is at least one ground for granting the divorce.  There are seven grounds for divorce in Texas.

Grounds for divorce in Texas include:

1. Insupportability
   1. Divorce is granted without either spouse being considered at fault if the marriage can no longer continue because of disagreements or conflicts that cannot be resolved.
   2. Most people divorce on the ground of insupportability.

2. Cruelty
   1. Cruelty means the behavior of one spouse is so extreme as to make it impossible for the parties to live together under the same roof.
   2. Cruelty can be physical or emotional.

3. Adultery
   1. Adultery means “voluntary sexual intercourse between a married person and a person who is not his or her spouse.”
   2. The rationale for pleading adultery is if a person can prove that their spouse drained community bank accounts or other assets on their side relationship(s), a greater share of the community estate may be awarded to the faithful spouse.

4. Felony conviction
   1. When one spouse commits a felony and is imprisoned for at least 1 year (in any state or federal prison).

5. Abandonment
   1. A court may grant a divorce on this ground if the other spouse has voluntarily left the marital home with the intention of abandonment and remained away for at least 1 year.
   2. The abandonment period must be continuous for a 1-year period.

6. Living apart
   1. A court may grant a divorce if spouses have been living apart for at least 3 years.

7. Confinement in Mental Hospital
   1. This ground applies when a person’s spouse has been confined in a mental hospital (state or private) for at least 3 years (at the time the petition for divorce is filed) and it appears that his/her mental disorder is a type that will not get better (or if it does get better, it appears that a relapse is likely to occur).

Whatever a person’s reasons for considering ending their marriage are, the simple fact that they are thinking about ending their marriage is reason enough to speak to an experienced family law attorney.

Call Jane Gekhman at (940) 222-6014, we can help.