What Are the 7 Grounds for Seeking a Divorce in Texas?

Filing for divorce is a major life decision that has significant legal, financial, and personal consequences for you and your family. It is therefore important to understand how the divorce process works in Texas. This starts with the legal grounds for divorce itself.

Historically, divorce was based on fault. That is to say, one spouse had to prove in court that the other spouse’s actions led to the breakdown of the marriage. Today, fault-based divorce is still an option in Texas. But a person can also seek a no-fault divorce, which does not require any proof of specific wrongdoing.

Current Texas law recognizes seven different grounds for divorce, three no-fault and four fault-based. Here is a brief rundown of each.

Insupportability

The most common ground for a no-fault divorce in Texas is insupportability. Also known as “irreconcilable differences,” this is where the spouse filing for divorce states the “marriage has become insupportable because of discord or conflict of personalities.” This discord or conflict, in turn, has effectively destroyed the ability of the parties to remain together.

Cruelty

Cruelty is a fault-based ground where one spouse accuses the other of “cruel treatment” that renders it impossible for them to continue living together. What constitutes cruelty must be decided by a judge on a case-by-case basis. In some cases, a single incident of domestic violence may be sufficient to prove cruelty, while in others it may involve a pattern of conduct involving the infliction of mental cruelty.

Adultery

This one should be self-explanatory. Adultery is a fault-based ground for divorce. Obtaining a divorce based on adultery does not necessarily require you to catch the other spouse “in the act.” It may be proven through circumstantial evidence of the affair.

Conviction of Felony

A person can obtain a fault-based divorce if their spouse is convicted of a felony and serving a sentence of at least one year in any state or federal prison. There are a couple of exceptions. First, a spouse cannot obtain a divorce on this ground if their own testimony led to the other spouse’s conviction. Second, if the convicted spouse later received a pardon, this ground is no longer available.

Abandonment

Abandonment is a fault-based ground for divorce. In legal terms, one spouse abandons the other when they left the other with the intent to abandon them. The abandoning spouse must then remain away for at least one year.

Living Apart

This is another no-fault ground. If the spouses have lived apart without cohabiting for at least three years, that is sufficient grounds for a judge to grant divorce.

Confinement in Mental Hospital

One of the rarer no-fault grounds for divorce is that one spouse has been confined to a state or private mental hospital for a period of at least three years. In order to grant a divorce on this ground, the court must determine that the confined spouse’s mental disorder is unlikely to improve, and even if it does, they are likely to suffer a relapse.

Contact an Austin Divorce Attorney Today

Whatever your reason for seeking a divorce, it is in your best interest to work with an experienced Austin divorce lawyer who can guide you through the process. Contact The Law Office of Oprea & Weber today at 512-344-9070 to schedule a consultation.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.301