What are the grounds for divorce in Texas?

At some point, you might have encountered the expression – “That’s grounds for divorce!” Whether through media or an overheard argument, the concept of “grounds for divorce” has been a prevalent topic in American discourse. But what exactly constitutes grounds for divorce, and why are they significant? The specifics vary by jurisdiction.

In Texas, the family code outlines seven potential grounds for divorce, encompassing both fault and no-fault bases. Notably, proving fault is not a prerequisite for divorce in Texas. Nonetheless, the grounds cited in your divorce petition can influence the final settlement.

Let’s delve into the three no-fault grounds, which do not attribute the dissolution of the marriage to either party’s misconduct. These situations merely acknowledge that the marriage is irretrievably broken. The no-fault grounds in Texas include:

INSUPPORTABILITY.

Often referred to as irreconcilable differences, insupportability necessitates demonstrating that the marriage has become unsustainable due to personality clashes or conflicts that negate the marriage’s purposes and nullify any prospects of reconciliation.

LIVING APART.

A divorce may be granted on the basis that the spouses have lived apart for three consecutive years or more, indicating a mutual decision to separate, as inferred from the prolonged separation.

CONFINEMENT IN A MENTAL INSTITUTION.

This ground applies when a spouse has been institutionalized for mental health reasons for at least three years, with little to no expectation of recovery and a high likelihood of relapse.

THE IMPACT OF FAULT GROUNDS IN TEXAS DIVORCE

Fault grounds assign blame for the marriage’s failure. While not necessary for obtaining a divorce, citing fault grounds like adultery can affect the divorce’s outcome if the court is convinced. Conversely, a case initiated on no-fault grounds may conclude on fault grounds if evidence emerges during the proceedings.

The fault grounds in Texas include:

CRUELTY.

Defined broadly, cruelty entails behavior by one spouse that makes cohabitation unbearable, be it through physical or psychological means.

ADULTERY.

Proof of infidelity can establish grounds for divorce, with evidence often presented through indirect means.

FELONY CONVICTION.

A divorce may be granted if a spouse is convicted of a felony and incarcerated for a year or more, barring cases where the conviction was solely based on the other spouse’s testimony.

ABANDONMENT.

This ground requires proof that one spouse voluntarily left and intended to abandon the other, with the abandonment lasting at least one year.

CONSIDERATIONS REGARDING DIVORCE GROUNDS IN TEXAS

Despite the array of possible grounds, most Texas divorces proceed on a no-fault basis, often to avoid public scrutiny of private matters.

For those facing an unwanted divorce, it’s crucial to recognize that Texas law allows for no-fault divorces, and resisting the process may not be beneficial. Engaging constructively can lead to a more favorable outcome.

For detailed guidance on divorce proceedings and grounds in Texas, contact the Law Office of Dana Baker at 979-310-5507.