Seven Statutory Grounds for Divorce in Texas

Texas is a no-fault divorce state, which means that spouses do not necessarily need to provide grounds when applying for a divorce. However, there are circumstances where citing grounds might be helpful or necessary. There are seven statutory grounds for divorce in Texas:

  1. Insupportability: This is the ground often associated with irreconcilable differences. If your marriage has fallen apart beyond the hope of being rebuilt, for reasons such as personality conflict or non-resolvable fighting, you can be granted a no-fault divorce.
  2. Cruelty: If one spouse treats the other cruelly to the point where living together is impossible, the victimized spouse can be granted a divorce.
  3. Adultery: If one spouse commits adultery – that is, cheats on their spouse – then the court may grant a divorce. The complaining spouse will have to prove that the adultery occurred in this case, and couples with special arrangements, such as open-relationships, may not be able to use this ground for divorce.
  4. Conviction of a Felony: If one spouse is convicted of a felony or imprisoned for at least a year, the other may be granted a divorce.
  5. Abandonment: If one spouse leaves the other with the intention of abandonment and has remained away for at least a year, the spouse left behind may be granted a divorce.
  6. Living Apart: If you and your spouse haven’t lived together for three years, either spouse can be granted a no-fault divorce.
  7. Confinement to a Mental Hospital: If one spouse has been confined to a mental hospital for at least three years, and appears unlikely to ever fully recover, the spouse not in the hospital may be granted a divorce.

Being able to show that your spouse has done one of the above grounds for divorce may help strengthen your position when seeking a divorce.

No-Fault vs. Fault Divorce

There are several reasons why spouses might choose to pursue a fault or no-fault divorce.

Spouses usually pursue a no-fault divorce after a natural breakdown of a relationship, rather than a specific event. No-fault divorces tend to be more simple than fault-divorces. Usually, these divorces are not challenged. While spouses may still fight over property division and child custody, the process will likely still be less expensive and difficult than a fault divorce.

People usually pursue fault divorces after a single event which dramatically changes the nature of the relationship. These claims are often more expensive and difficult to bring, because they are much more likely to be contested. However, a fault divorce might also allow the complaining spouse to receive a much greater division of property or child custody.

Contact The Maynard Law Firm, PLLC

If you are considering filing for divorce for any of the above reasons, the Fort Worth divorce attorneys at The Maynard Law Firm, PLLC can help. We are experienced in sensitive family law cases like divorce and can help you navigate the confusing world of property division, child custody, visitation, alimony, and more. Getting a divorce is never a fun or pleasant process, but our experienced legal team can help to make it as smooth and painless as possible. To talk to one of our lawyers about your legal options, call us today at (817) 335-9600.