What are the Grounds for Divorce In Texas?

What Are The Grounds for Divorce?

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The reasons why couples get divorced may be complex and layered, but under the law, there are only seven justifications.

Grounds for Divorce In General

There are seven grounds for divorce that are provided for in the Texas family code. Many times attorneys will plead for more than one ground such as combining in supportability grounds and cruelty grounds. It isn't necessary to prove both grounds to pour to the court however. Proof of only one of the grounds is necessary to establish the divorce. If for example you expect to be able to have some proof of cruelty or adultery these may be included in the petition Not necessarily as grounds to justify the divorce, but for strategic purposes such as trying to get a larger award of the marital property.

Seven Grounds for Divorce

1. Insupportability

Almost all divorces are granted on the basis of insupportability. This is a no-fault ground and the requirements are:

the marriage has become insupportable because of discord and conflict;
the discord in conflict destroys the legitimate ends of the marriage relationship; and
the discord and or conflict prevents any reasonable expectation of reconciliation.

2. Cruelty

A divorce may be granted in favor of one spouse if the other spouse is guilty of cruel treatment towards the complaining spouse. The cruelty must be of a nature that renders further living together insupportable. (TFC § 6.002)

3. Adultery

Adultery is having sexual intercourse with one person while married to another. One spouse may obtain a divorce if the other spouse has committed adultery. (TFC 6.003)

4. Conviction of a Felony

A divorce may be granted in favor of a spouse if the other spouse:

has been convicted of a felony;
has been imprisoned for at least one year in the state penitentiary , of federal penitentiary, or the penitentiary of another state ; And
has not been pardoned.

5. Abandonment

A divorce may be granted in favor of one spouse of the other spouse left the complaining spouse with the intention of abandonment and remained away for at least one year. (TFC 6.005)

6. Living Apart

A divorce may be granted in favor of either spouse if the spouses have lived apart without living together (cohabitation) for at least three years. (TFC 6.006)

7. Confinement in a Mental Hospital

A divorce may be granted in favor of one spouse if, at the time the suit is filed, the other spouse has been confined in a state or private mental hospital In Texas for at least three years, and it appears that the spouse is mental disorder this is such a degree in nature that the spouse is not likely to adjust or, if the spouse suggests, will probably suffer a relapse (TFC 6.007)

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