What Are the Grounds for Divorce in Texas?

The Texas family code lists the following seven grounds for divorce:

Insupportability
Cruelty
Adultery
Conviction of a Felony
Abandonment
Living Apart
Confinement in a Mental Hospital

Insupportability

A marriage may be dissolved for grounds of insupportability if the marital partners are in conflict that prevents them from continuing in their marriage. At this point, there is no possibility of reconciliation. Insupportability is the no-fault grounds for divorce.

Cruelty

The second ground is cruelty. One spouse will be granted a divorce if the other spouse committed acts of cruelty against the complaining spouse. The cruelty must be of a nature that prevents the possibility of living together ever again.

Adultery

Committing adultery is the third ground for divorce. One spouse can be granted a divorce if the other spouse committed adultery.

Conviction of a Felony

The fourth is conviction of a felony. A spouse can be granted a divorce if the spouse was convicted on a felony charge, the spouse has been in a prison for at least one year in Texas, another state or a federal penitentiary, and the spouse has not received a pardon for his or her crimes.

If the spouse was convicted based on the testimony of the complaining spouse, he or she may not be able to receive a divorce based on felony conviction.

Abandonment

Abandonment is the fifth ground for divorce. One spouse will be granted a divorce if the other spouse left the home with the intention of abandoning his or her spouse. The divorce can also be granted, on the ground of abandonment if one spouse remains apart from the other spouse for at least one year.

Living Apart

If the spouses have been living in separate residences for at least three years, the court can grant a divorce to either one of them.

Confinement in a Mental Hospital

The last ground is confinement in a mental hospital. One spouse may be granted a divorce if the other spouse has been confined in a mental hospital for the treatment of a mental disorder for at least three years. Also, the likelihood of recovery must be very low. If the spouse is expected to recover, the probability of a relapse must exist.

What Are Fault Divorces in Texas?

You will need a family law attorney if you believe that there are grounds for an at-fault divorce. Your lawyer will be able to tell you whether or not this is the right strategy to follow. You can file fault divorces for the seven reasons listed above.

If you are going to claim that one of the grounds for divorce in Texas applies to your situation, you must be prepared to prove this to the court.

What Are No-Fault Divorces in Texas?

If you don’t believe that you can file for divorce based on the seven grounds for divorce in Texas that were listed above, you can also file for a no-fault divorce. You may choose this option if you believe that you cannot maintain your marriage, and you don’t have to list a reason or blame your spouse. The advantage of this type of divorce is the fact that it will be much easier for you and your spouse to undergo the process.

With this type of divorce, you still need to have your own family law attorney so that you can divide the marital assets and decide on child custody and alimony in a fair manner.

What Is an Uncontested Divorce?

An uncontested divorce is the simplest way to divorce a spouse, but it isn’t for everybody. You and your spouse must be able to agree on everything. This includes the assets, the debts, child custody, and child support.

If you have an uncontested divorce, you should consult Covington Law Firm. You can choose to retain Vonda to draft and file the documents, or you might choose to use online forms and let Vonda review your forms during a consultation.

If you are considering a divorce, contact us at Covington Law Firm today!