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What are the grounds for divorce in Texas?

On Behalf of | Jan 3, 2022 | Divorce |

You must provide a reason when filing for divorce in Texas. The state recognizes seven grounds for divorce, some of which are fault and some that are no-fault.

What are the seven grounds for divorce in Texas?

Fault-based grounds for divorce

In a fault-based divorce, the person filing for divorce claims that the other party did something wrong. There are four fault-based grounds:

  1. Cruelty

Willfully causing suffering or pain to your spouse is grounds for divorce as cruelty.

  1. Adultery

Voluntary sexual intercourse with someone other than a spouse is adultery.

  1. Felony criminal conviction

These grounds apply if a spouse receives a felony conviction and serves at least one year in prison unless the spouse filing for divorce testified against the other spouse.

  1. Abandonment

If a spouse voluntarily leaves the other for at least one year and does not intend to return, a judge may grant a divorce on the grounds of abandonment.

No-fault grounds

In a no-fault divorce, there is no accusation that either party did anything wrong. There are three no-fault grounds:

  1. Insupportability

These grounds apply when one or both spouses believe the marriage is no longer tolerable.

  1. Living apart

A judge may grant a divorce on these grounds if the couple has been living separately for at least three years.

  1. Confinement in a mental hospital

If a mental hospital confines a spouse for at least three years and the situation is unlikely to improve, these grounds may apply.

The grounds you choose can impact property and custody issues, so it is a good idea to choose carefully before filing.


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