Grounds for Divorce in Texas

Texas law allows for both no-fault and fault-based grounds for divorce. This flexibility acknowledges that marriages can end for a variety of reasons, and the law provides different options for couples seeking to dissolve their marriage.

No-Fault Grounds for Divorce

• Insupportability: This is the most common no-fault ground for divorce in Texas. It means that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Fault-Based Grounds for Divorce

• Cruelty: One spouse treats the other in a way that makes living together unbearable.

• Adultery: One spouse has voluntary sexual intercourse with someone other than their spouse.

• Conviction of a Felony: One spouse has been convicted of a felony and has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state. However, this ground is not applicable if the spouse was convicted on the testimony of the other spouse.

• Abandonment: One spouse has left the other with the intention of abandonment and has remained away for at least one year.

• Living Apart: The spouses have lived apart without cohabitation for at least three years.

• Confinement in Mental Hospital: One spouse has been confined in a state or private mental hospital for at least three years at the time of filing, and it appears that the mental disorder is of such a degree and nature that adjustment is unlikely or, if adjustment occurs, a relapse is probable.

Key Points

• Insupportability as a Common Ground: The majority of divorces in Texas are filed under the ground of insupportability, as it does not require proving fault, making the process potentially less contentious and more private.

• Impact of Fault on Divorce Proceedings: While Texas allows for no-fault divorce, citing a fault-based ground can impact the divorce proceedings, particularly in matters related to the division of marital property, spousal support, and child custody arrangements.

• Residency Requirements: To file for divorce in Texas, either spouse must have been a resident of the state for at least six months prior to filing, and a resident of the county where the divorce is filed for at least 90 days.

Conclusion

Understanding the grounds for divorce in Texas is crucial for anyone considering ending their marriage in the state.

Whether opting for a no-fault divorce based on insupportability or citing a specific fault-based ground, it's important to consider how the grounds for divorce might affect the overall divorce process, including financial settlements and child custody decisions.

Consulting with a legal professional can provide guidance tailored to an individual's specific situation.