Grounds for Divorce in Texas

Being married has a lot of benefits, but an easy breakup certainly isn't one of them. In order to dissolve a marriage, you must file a complaint of divorce, which, among other things, needs to state the grounds upon which you're filing. In other words: you have to tell the court why.

There are seven grounds for divorce in Texas, all of which fall under two main categories: fault, or no-fault. Most of the clients we deal with at North Texas Family Lawyers choose to file on a no-fault basis; however, Texas is one of the few states that still allows for fault-based splits.

Grounds for No-Fault Divorce in Texas

In a no-fault divorce, neither spouse is blamed for the marriage falling apart. Of Texas's seven grounds for divorce, three of them fall under the no-fault umbrella.

1. Insupportability — By far the most commonly cited grounds for divorce in Texas. This basically means that the marriage has become unsustainable, and it is the closest thing Texas couples can get to "irreconcilable differences." Insupportability grounds are also often called "uncontested" and are the fastest and least expensive grounds to pursue.

2. Living Apart — If you and your partner haven't lived together for at least three years, "living apart" may be a valid means of securing a no-fault divorce. Here, the court reasons that your actions have inadvertently agreed to a divorce, even if you haven't stated it outright.

3. Confinement to a Mental Hospital — In order to qualify, your spouse must have been confined for at least three years, and have no significant chance of recovery.

Grounds for Fault-Based Divorce in Texas

In a fault-based divorce, judges can hold the "bad behavior" of one spouse accountable for the breakup. As a general whole, fault-based considerations are becoming rapidly extinct, and most jurisdictions have done away with them altogether. Texas, however, remains one of the few holdouts.

1. Cruelty — Both physical and emotional abuse qualify for the fault-based grounds of cruelty. Texas courts take these matters extremely seriously, and there are many free resources available to help those struggling under these circumstances.

2. Adultery — One of the most commonly cited fault-based grounds for divorce. Here, not only must you prove that the infidelity occurred, but that it actually led to the dissolution of the marriage as well.

3. Felony Conviction — If your spouse has been convicted and incarcerated on felony charges, you qualify, unless your spouse was convicted based on your testimony or the incarceration lasted less than a year.

4. Abandonment — In order to succeed in this category, your spouse must have: left you, with the intent not to return, and must have been gone for more than a year.

Divorce Attorneys in Texas

No matter what grounds you file under, the road to divorce won't be easy. If you are interested in discussing the grounds for divorce in Texas with an experienced family law attorney, we can help. Call us today at (972) 436-8000, or schedule a consultation online, to discuss your specific situation. At North Texas Family Lawyers, we're invested in more than just results, but in helping you transition into your new life as smoothly as possible.