What Are The Grounds for Divorce?
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
Almost all divorces are granted on the basis of insupportability. This is a no-fault ground and the requirements are:
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)
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:
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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