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:
Willfully causing suffering or pain to your spouse is grounds for divorce as cruelty.
Voluntary sexual intercourse with someone other than a spouse is adultery.
- 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.
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.
In a no-fault divorce, there is no accusation that either party did anything wrong. There are three no-fault grounds:
These grounds apply when one or both spouses believe the marriage is no longer tolerable.
- Living apart
A judge may grant a divorce on these grounds if the couple has been living separately for at least three years.
- 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.